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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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(6) The appellant shall be served with a copy of the decision of the Administrative <br /> Hearing Body, including an Administrative Order if one is issued, in the manner and method set <br /> forth in Section 1-12-410 (b), above. <br /> 1-12-430 DECISION OF THE ADMINISTRATIVE HEARING BODY AND <br /> ADMINISTRATIVE ORDER. <br /> (a) The Administrative Hearing Body considering any appeal of the imposition of a <br /> penalty pursuant to Section 1-12-425 may confirm, vacate, or modify but not increase, any such <br /> penalty imposed, and order the payment thereof. The decision shall state that review of the <br /> decision may be had by filing an appeal pursuant to Section 1-12-450, and shall specify the time <br /> limits for such filing. <br /> (b) The Administrative Hearing Body conside,rjng''any appeal of a notice of violation, <br /> if it determines that a violation exists, may issue an Administrative Order imposing the remedies <br /> provided in this subsection.Notice concerning judicial review of the decision shall be given as <br /> provided in Section 1-12-800(d). The remedies fora'violation found a result of such a hearing <br /> shall be as follows: <br /> (1) Requiring the responsible party to correct or eliminate the violation or nuisance <br /> condition, including a proposed schedule for correction,or,plirnination. <br /> (2) Authorizing the City tcgpforcethe Admihi4iative Order and abate or cause the <br /> I <br /> abatement of the violation where the responsible.party has r&f4Se d or has otherwise neglected to <br /> take appropriate steps to correct or eliminate the violation. The Administrative Order shall <br /> specify that if the City unOpitakps to abate"'t,eliinina 'the violation it shall be entitled to <br /> recovery of all costs afid'expensc§Jricurred iwpprf <br /> Oing such,work,ork, and shall also be entitled to <br /> recover its administrative costs. Adrninistrativecosts shall include costs incurred by the City in <br /> connection with the proceeding, including attorney's fees, costs of investigation, staffing costs <br /> incurred in preparation for tho I hearing and for the hearing itself, and the cost of any re-inspection <br /> and other qoA I§,necessary to enforce the Administrative Order. Such costs, if unpaid, may be <br /> recovere",d y <br /> by the Cit through a I I i.ei,.1 on the affect d property or through a special assessment as <br /> provided'in Section 1-12-600 of this'Chapter. <br /> (3) Any other order,or remedy that is in the interests of justice. <br /> 1-12-440 PAYMENT OF PENALTY. <br /> (a) Any penalty impoged by the Administrative Hearing Body shall be paid to the <br /> City within thirty (30) days Win the date of the decision, unless an extension of time is <br /> requested by the violator and granted by the Administrative Hearing Body. <br /> (b) Any appeals processing fee that is paid pursuant to Section 1-12-425(a), above, <br /> shall be refunded to the payee if it is determined by the Administrative Hearing Body that the <br /> person assessed the penalty was not responsible for the violation or that there was no violation as <br /> charged in said notice. <br /> (c) Payment of any penalty that is upheld or otherwise imposed by the Hearing Body <br /> shall not excuse or permit any continuation or repeated occurrence of the violation that is the <br /> Subject of the penalty. <br />
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