A. Noncompliance Prohibited: It shall be unlawful for any person to fail or refuse to comply with any order issued to the person pursuant to this article.
B. Abatement By Administrator: In the event that any order issued pursuant to this article is not complied with at such reasonable time as is specified therein, the Administrator may direct to remove, correct or otherwise abate through private contract the condition giving rise to the issuance of the order to abate.
C. Compliance Failure; Fee: Notwithstanding the provisions of subsection D of this section, a property owner who has never previously been issued a notice and order for a violation of article 12 of this chapter, and who fails to comply with an order to abate, may be assessed a first offense reinspection fee of one hundred dollars ($100.00) for every reinspection necessitated by the owner's continued noncompliance with the notice and order to abate.
D. Inspection Fees For Repeat Offenders:
1. For purposes of this section, "repeat offender" is defined as an owner of property who has been issued and failed to abate one or more notice and order for a violation of article 12 of this chapter at least two (2) or more times during any successive six (6) month period, or has been issued five (5) or more notice and orders pursuant to section 6.5.104 of this article for violations of article 12 of this chapter on separate days within a consecutive twelve (12) month period regardless of whether the owner of the property has abated the individual violations in compliance with the notice and order. The "owner of property" shall be the owner of record as reflected in the records of the El Paso County Assessor. The previous violations may have occurred at one or more properties owned by the owner cited. An owner who has been designated a repeat offender for a period of twelve (12) or more successive months, shall be redesignated as a "chronic repeat offender". For purposes of this section, "reinspection" is defined as any and all inspections at any property owned by a repeat offender or chronic repeat offender, after the classification of the person as a repeat offender or chronic repeat offender.
2. The Administrator is authorized to assess a fee of not less than two hundred fifty dollars ($250.00) for each reinspection necessitated by a repeat offender's continued noncompliance with any notice and order to abate, or the issuance of a new notice and order pursuant to section 6.5.104 of this article. The Administrator is authorized to assess a fee of not less than five hundred dollars ($500.00) for each reinspection necessitated by a chronic repeat offender's continued noncompliance with any notice and order to abate, or the issuance of a new notice and order pursuant to section 6.5.104 of this article. The Administrator shall regularly reinspect until the owner successfully complies with the notice and order to abate.
3. In the event one or more reinspection fees are assessed and the repeat or chronic repeat offender (collectively "offender") or the offender's agent fails to pay the fee(s) within twenty (20) days, the Administrator is authorized to file a lien against the property for the fee(s) in accord with section 6.5.107 of this article. The Administrator is further authorized to include in one lien assessment action any and all costs incurred by the City associated with the removal, correction or other abatement necessitated by the offender's continued violation and failure to abate following issuance of a notice and order to abate.
4. The Administrator shall remove a "repeat offender" designation if the owner has no further violations on any property owned by the person for a period of six (6) months. If a repeat offender designation is removed, and the owner has a subsequent violation on any property owned by that person after the designation is removed, that owner shall be immediately designated a "repeat offender".
5. The Administrator shall remove a "chronic repeat offender" designation if the owner has no further violations on any property owned by the person for a period of twelve (12) months. If the chronic repeat offender designation is removed, and the owner has any subsequent violation on any property owned by that person after the designation is removed, that owner shall be immediately designated a "chronic repeat offender". (Ord. 96-109; Ord. 98-85; Ord. 01-42; Ord. 04-69; Ord. 18-28)