(A) Fee assessed for second and subsequent violations. Any person who is issued a second notice of violation under this chapter within 12 months of the first notice of violation issued hereunder shall be subject to an administrative fee of $100 in addition to any other charge. For each additional nuisance notice of violation occurring prior to the expiration of a 12-month period following issuance of the first nuisance notice of violation, the person shall be subject to an administrative fee of $100. The person may also be assessed any costs incurred in obtaining service of the public nuisance notice including legal publication.
(B) Appeal of administrative fee. An appeal of an administrative fee demand for payment must be filed in writing with the Town Manager within ten days after service of the written demand for payment. The written appeal shall provide the reasons the petitioner contends that the administrative fee was wrongly applied and any supporting documentation.
(1) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the civil penalty. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. The Town Manager may reduce the penalty if the Town Manager determines that:
(a) The appellant has acted in good faith; and
(b) The failure of the appellant to avoid a second or subsequent violation is the result of circumstances beyond the appellant's control; or
(c) There are other circumstances which make the assessment of the administrative fee unfair in that particular case.
(2) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of an administrative fee to the Town Council.
(Ord. passed 12-16-2019)