(a) Penalties imposed on the responsible party for a civil infraction enforced under this Article shall be as follows:
(1) A minimum penalty of one hundred dollars ($100.00) shall be imposed against the responsible party for the first violation of a particular code provision within any consecutive twelve (12) month period.
(2) For each successive violation of the same code provision within any twelve (12) month period, minimum penalties shall be imposed against the responsible party as follows:
a. Second violation: three hundred dollars ($300.00);
b. Third violation: five hundred dollars ($500.00);
c. Any subsequent violation: one thousand dollars ($1,000.00).
(3) Where multiple violations of a single Code provision are found, the applicable minimum penalty may be imposed for each count.
(4) Payment of a penalty shall neither excuse the failure to correct a violation nor bar further enforcement action by the City.
(b) Costs and fees may be assessed against the responsible party in addition to any applicable penalties under this Article as follows:
(1) Any fees and/or costs authorized by the Board of Trustees;
(2) Actual costs of the administrative abatement process, to include costs incurred by the City including, but not limited to, the per-hour fee charged to the City by the Hearing Officer, and other costs incurred by the City in the matter and awarded by Hearing Officer, including the costs of investigation, staffing costs to prepare for and conduct the hearing, and all re-inspections necessary to enforce compliance;
(3) Reasonable costs of abating the violation, if applicable, plus an administrative fee equal to fifteen percent (15%) of the costs of the abatement, unless administrative costs have been awarded and paid in full by the responsible party.
(c) Penalties, fees, and costs assessed pursuant to this Article shall be paid to the City within thirty (30) days after service of a notice of assessment by first-class mail to the responsible party; provided, however, that if the property is occupied by someone other than the owner of the property, the notice of assessment shall be mailed to both the occupant and the property owner. Service shall be deemed complete upon depositing the notice of assessment in the United States mail, postage prepaid. The failure of any person to receive any assessment required under this Chapter shall not affect the validity of the assessment or any collection efforts under this Section.
(d) The City shall assess a late fee in an amount set by Board of Trustees resolution if the responsible party fails to pay any assessment in full within the thirty (30) day period.
(e) Failure to pay any such assessment within the thirty (30) day period shall cause the unpaid amount of the assessment plus any late fee to become a lien against the property identified in the notice of assessment, which lien shall be a first lien having priority over all liens of whatever kind or nature, regardless of date, except general taxes and prior special improvement district assessments. Furthermore, at any time after such failure to pay the assessment and late fee, the same may be certified to the County Treasurer, as provided by state statute, to be placed upon the tax list for the current year and to be collected in the same manner as other taxes are collected, with a fifteen percent (15%) penalty added to defray the cost of collection.
(f) The City Manager may refer any unpaid penalties, fees, and costs for collection by whatever means are available to the City. Any action or other process provided by law may be maintained by the City to recover or collect any amounts, including late fees, interest and administrative costs, owing under this Article. (Ord. 453 § 1, 2024)