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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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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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connection with the proceeding, including attorney's fees, costs of investigation, staffing costs <br /> incurred in preparation for the hearing and for the hearing itself, and the cost of any re-inspection <br /> and other costs necessary to enforce the Administrative Order. Such costs, if unpaid, may be <br /> recovered by the City through a lien on the affected 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 imposed by the Administrative Hearing Body shall be paid to the <br /> City within thirty (30) days from 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 po"rsuah'ito Section 1-12-4 `150-(a), above, <br /> shall be refunded to the payee if it is determined by the Administrative Hearing Body that the <br /> person <br /> Sti>fnled . . . was not responsible for the <br /> pLj <br /> violation or that there was no violation as charged lin said notice. <br /> (c) Payment of any penalty that is uphold,olr 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 <br /> (d) Any penalty imposed by I the',A'O,Mi,nistrati.ve' ring Body shall accrue from the <br /> date specified in the gtj1v and shall continile' lo accrue on a daily basis until <br /> the violation is corrected.,The determination-of compliance or elimination of the violation shall <br /> be made by the Enforcement Offloer, unless'such determination was made by the Administrative <br /> Hearing Body as a result,of the hearing. The Adiii.niS trative Hearing Body, in its discretion, may <br /> suspend the impositior of penalty for a peri6& <br /> 41 ,� of time not to exceed sixty (60) days during <br /> which the responsible party applies or permits req ired to achieve compliance, and such permit <br /> applications:t1tro active y pending,b, efore,,or have already been issued by, the City, the State, or <br /> other appropriate governmental agency. <br /> (e) Any penalty assessed by the Administrative Hearing Body is a debt owed to the <br /> City. In addition to all other 'moans of enforcement and/or collection, any such penalty may be <br /> enforced as a personal obligati",64'the responsible party. If the violation is in connection with <br /> real property, such,ppnalty may bo'enforced by imposition of a lien or special assessment upon <br /> the real property. Any I lien or sp/ *' I <br /> oela assessment imposed upon the real property shall remain in <br /> effect until the penalty is paid in full. <br /> 1-12-450 REVIEW OF ADMINISTRATIVE HEARING BODY DECISION. <br /> (a) Any person or entity aggrieved by a decision of the Administrative Hearing Body <br /> may seek review of said decision by filing a request for City Manager review. The request for <br /> City Manager review must be filed with the City Clerk's office within fifteen (15) days from the <br /> date of issuance of Administrative Hearing Body Decision. Upon timely receipt of a request for <br /> City Manager review, the City Manager may consider any written or oral testimony and evidence <br /> presented. The City Manager will issue a final written decision within thirty (30) days from the <br /> receipt of request for City Manager review. <br />
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