§ 15.20.250 Civil penalties.

   Violations of this chapter may result in any of the following penalties:

   A.   Civil Penalties.

      1.   For each violation, a civil penalty may be assessed by the city. Each day a violation exists shall be considered a separate violation.

      2.   The Public Works Supervisor shall consider the following criteria in determining the amount of any civil penalty to be assessed under this section:

         a.   The nature and extent of the person’s involvement in the violation;

         b.   The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;

         c.   Whether the violation was isolated and temporary, or repeated and continuous;

         d.   The magnitude and seriousness of the violation;

         e.   The city’s costs of investigation and remedying the violation;

         f.   Whether any criminal charges have been issued against the person; and

         g.   Any relevant, applicable evidence bearing on the nature and seriousness of the violation.

   B.   Administrative Enforcement Fees.

      1.   The city may charge a penalty in the form of a monthly enforcement fee for each project found in violation of this chapter that meets the following conditions:

         a.   The project is subject to a notice of violation or stop work order as described in §§ 15.20.210 and 15.20.220;

         b.   A response period of 30 days has passed since the effective date of the notice of violation or stop work order; and

         c.   The project remains out of compliance with the initial notice of violation or stop work order or any subsequent notice of violation or stop work order.

      2.   If all violations are not corrected within 6 months from the date of the initial notice of violation, subsequent enforcement fees shall be twice the amount stated above.

      3.   Once the monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected, inspected and approved.

      4.   Whenever the responsible party believes that all violations listed in the first or any subsequent notice of violation have been corrected, he or she shall notify the Public Works Supervisor. Upon receipt of this notice, the Supervisor shall promptly schedule an inspection of the project and shall notify the responsible party if any violations remain uncorrected.

(Ord. 1108, passed 1-8-2003)