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<br />corrective action or abatement is to be undertaken. The failure of any person to receive a notice of violation that was sent via First Class U.S. Mail shall not affect the validity of any <br />enforcement proceedings under this Chapter. <br /> (c) Proof of service of the notice of violation shall be certified by a written <br />declaration under penalty of perjury executed by the person effecting service, declaring the date, time, and manner that service was made, and the date and place of posting, if applicable. The <br />declaration, along with the Certificate of Mailing, shall be affixed to a copy of the notice of <br />violation and retained by the Enforcement Officer. <br /> (d) The time allowed for abatement of a violation shall be a “reasonable time” in the <br />judgment of the Enforcement Officer, based upon the circumstances of the particular violation, taking into consideration the means required to abate the violation, the period of time that the nuisance has existed, and the potential threat to public health and safety created by the violation. <br />If the violation pertains to building, electrical, or other similar structural or zoning issues where <br />the violation does not create an immediate threat to health or safety, the responsible party shall <br />be provided not less than ten (10) calendar days in which to correct, abate, or otherwise remedy the violation before a penalty is imposed. <br /> (e) The failure of a notice of violation to satisfy all of the requirements of this <br />provision shall not affect the validity of any other enforcement proceedings under this Code. <br /> (f) A responsible party may appeal the imposition of any penalty or the amount of <br />such penalty by filing a request for hearing form in accordance with the provisions of Section 1-12-420 of this Chapter. Enforcement of a notice of violation shall be stayed during the pendency <br />of an appeal therefrom which is properly and timely filed. The failure to file a timely and proper <br />appeal shall constitute a failure to exhaust administrative remedies and preclude judicial review. <br /> (g) The amount of the penalty which may be imposed for each violation shall be set <br />by a resolution duly adopted by the City Council creating a schedule of penalties, which schedule may be amended from time to time. The schedule of penalties shall include a recommended <br />amount for any increased penalty for repeated violations of the same provisions by the same <br />person within a twelve (12) month period from the date of the issuance of the first notice of <br />violation. <br /> (h) Each and every day during any portion of which any violation is committed, continued, or permitted shall be deemed a separate and distinct violation for purposes of setting the amount of a penalty to be imposed. A penalty may continue to accrue on a daily basis until <br />the violation is corrected, up to a maximum amount of Five Thousand Dollars ($5,000.00). <br /> (1) Any penalty is a debt owed to the City. In addition to all other means of <br />enforcement, any penalty specified in the notice of violation may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, any <br />penalty may be enforced by imposition of a lien or special assessment upon the real property. <br />Any lien or special assessment imposed upon the real property shall remain in effect until the <br />penalty is paid in full. <br />1-12-415 ISSUANCE OF ADMINISTRATIVE PENALTIES. <br />253