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Ord 2017-013
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Ord 2017-013
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8/7/2017 5:06:32 PM
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8/7/2017 5:04:44 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Ordinance
Document Date (6)
6/5/2017
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PERM
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(g) Any penalty is a debt owed to the City. In addition to all other means of <br /> enforcement, any penalty may be enforced as a personal obligation of the responsible party. If <br /> the violation is in connection with real property, any penalty may be enforced by imposition of a <br /> lien or special assessment upon the real property. Any lien or special assessment imposed upon <br /> the real property shall remain in effect until the penalty is paid in full. <br /> 1-12-420 PAYMENT AND COLLECTION OF ADMINISTRATIVE PENALTY. <br /> (a) If a penalty is imposed and the responsible party fails to timely and properly <br /> appeal such imposition,the responsible party against whom a penalty is imposed shall pay any <br /> such penalty within thirty(30) days of the imposition thereof,,A,ny penalty imposed shall be <br /> payable to the City, or to a collection agency if the penalty, has been assigned to a collection <br /> agency pursuant to subsection (c), below. <br /> (b) If the amount of any penalty imposedfor a violation relating to real property has <br /> not been satisfied in full within sixty(60) days:0fthe date due and has not been successfully <br /> challenged in court, the penalty amount may become a special assessment and lien against the <br /> affected property, as provided in Section J-12-600'of this Chapter. If the City elects to make the <br /> amount of any penalty a special assessment or lien against,the,affected property, ':statement of <br /> the amount due, and any additional c64s,or expenses thAt:fijilght be recoverable as part of the <br /> enforcement action, shall be prepared a'nd stabI Mitted to the C,ity, Council for confirmation in <br /> - <br /> accordance with the procedures describ6d,,in Se' 11-12-6 K <br /> (c) NotwithstandingI the amount of any unpaid penalty may be <br /> collected by commeneem6ruda'civil action t6,p:,)I,Iect su6il:,p6nalty', or in any other manner <br /> provided by law for the,epliection''of,0ebts, inch:i�� ung assignment, � of the debt to a collection <br /> agency. Subject to the requirements,of this Chapter and other applicable law, amounts assigned <br /> for collection,are subject to 6,61,IeC4 ncy rule§,��iegulations and policies. The City shall be <br /> tl6nage <br /> entitled to recover any and ali'eosisassoc'iid;tie'd with collection of any such penalty. <br /> (d) The paymet,it of a penalty by or on behalf of any responsible party shall not <br /> relieve such party from the responsibility of correcting, removing or abating the violation, nor <br /> prevent further proceedings under <br /> r this Chapter or any other lawful authority to achieve the <br /> enforced correction, removal or'a' batement of the violation. <br /> 1-12-425 HEARINGS, <br /> (a) Any person appealing a notice of violation or penalty must obtain a"request for <br /> hearing" form from the City Clerk's Office and return it fully completed within fifteen (15) days <br /> from the date of service of the notice of violation or penalty. At the time of returning the request <br /> for hearing form to the City Clerk's Office, the person or entity requesting the appeals hearing <br /> shall pay an appeals processing fee established by the City Council. Failure to submit a <br /> completed appeals form or to pay the appeals processing fee constitutes a waiver of the right to <br /> appeal the notice of violation or penalty and a failure to exhaust administrative remedies. <br /> Imposition of a penalty shall be stayed during the pendency of an appeal therefrom which is <br /> properly and timely filed. <br />
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