(A) The hearing officer must issue a written decision containing findings of fact, conclusions of law, and an order. The decision will be mailed to the parties within ten days after the hearing. The hearing officer has the authority to determine that a violation occurred, to dismiss a citation, to impose the scheduled fine, and to reduce, stay, or waive a scheduled fine either unconditionally or upon compliance with appropriate conditions.
(B) When imposing a penalty for a violation, the hearing officer may consider any or all of the following factors:
(1) Duration of the violation;
(2) Frequency of reoccurrence of the violation;
(3) Seriousness of the violation;
(4) History of the violation;
(5) Violator’s conduct after issuance of the administrative notice and citation;
(6) Violator’s conduct after issuance of the notice of hearing;
(7) Good faith effort by the violator to comply;
(8) Impact of the violation upon the community;
(9) Prior record of city code violations; and
(10) Any other factors appropriate to a just result.
(C) The hearing officer may not impose a fine greater than the established fine, except that the hearing officer may impose a fine for each week that the violation continues if:
(1) The violation caused or is causing a serious threat of harm to the public health, safety, or welfare; or
(2) The violator intentionally and unreasonably refused or refuses to comply with the code requirement.
(Prior Code, § 5.6.1.7)