(A) Following a hearing before the Codes Enforcement Officer, as required by this chapter, and upon at least 30 days written notice, served pursuant in the same manner as an order under § 152A.109, which notice may be combined with any other notice, complaint, or order, the Codes Enforcement Officer shall impose a civil penalty upon any party upon failure to remedy a violation within 30 days of an order directing said remedy. The notice shall state: (a) the nature of the violation, (b) that the violation is continuing, (c) that a daily penalty of $50 will be imposed and that the maximum civil penalty is $3,000, (d) the date the penalty will begin, (e) that the penalty will stop when satisfactory evidence that the violation has been corrected is received by the Codes Enforcement Officer.
(B) The civil penalty shall be administered as follows:
(1) It shall be invoked by the use of a citation stating: (a) the nature of the violation, (b) that the violation is continuing, (c) that a daily penalty of $50.00 is being imposed and that the maximum civil penalty is $3,000, (d) the date the penalty begins (which shall be the date the citation is issued), (e) that the penalty will stop when satisfactory evidence that the violation has been corrected is received by the Codes Enforcement Officer, (f) where to pay the civil penalty, (g) that the civil penalty must be paid within 10 days from imposition of each day’s penalty, and (h) that if any penalty is not timely paid the Codes Enforcement Officer may recover the penalty in a civil action in the nature of a debt.
(2) The citation shall be served in the same manner as the notice referenced at the beginning of this section.
(3) No appeal shall be allowed from the citation if the notice was provided with or before the order upon which it is based. If an appeal is allowed, it shall be available pursuant to the provisions of § 152A.114.
(4) The civil penalty shall be in the amount of $50 per day, with the maximum amount of the penalty being $3,000.
(5) The Town Manager shall have the duty and authority to bring judicial actions on behalf of the town, directly or through the services of the Town Attorney as the Manager may determine, to recover any civil penalties which are not timely paid, but only after 30 days after the penalties have stopped accruing on any single property.
(C) The imposition of civil penalties shall not limit the use of any other lawful remedies available to the Board of Commissioners for the enforcement of any ordinances adopted pursuant to this section.
(Ord. 09-119, passed 5-19-2009; Am. Ord. 09-125, passed 10-20-2009)