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(A) Civil penalties.
(1) Any person who fails to comply with the requirements of this chapter, or the terms of a permit issued hereunder, or who undertakes an activity regulated by this chapter without first obtaining a permit, or who fails to comply with a stop work order issued pursuant to this chapter, shall be subject to a civil penalty, not to exceed $5,000 for a single violation.
(2) In the case of a continuing violation, each day that any such violation continues shall constitute a separate violation which shall cause such person to be subject to a civil penalty not to exceed $1,000 per day. Any person who acts as the agent of, or otherwise assists, a person who engages in an activity which would be subject to a civil penalty, shall likewise be subject to a civil penalty. The city may not assess a civil penalty for a violation of this chapter unless the city provides to each person that is subject to the civil penalty notice that:
(a) Describes the alleged violation, including any relevant code provision numbers, ordinance numbers, or other identifying references;
(b) States that the city intends to assess a civil penalty for the violation and states the amount of the civil penalty;
(c) States that the party may challenge the assessment of a civil penalty; and
(d) Describes the means and the deadline for informing the city that the party is challenging the assessment of the civil penalty.
(3) Such notice shall be sent to each such person by both first class and certified mail.
(B) Appeal. Each person subject to civil penalties under this chapter may appeal such civil penalty assessment to the City Council, which is the designated Hearing Officer for such appeals, and such appeal shall be initiated by filing a notice of intent to appeal with the City Recorder within 13 days after mailing of notice of the civil penalty assessment. The designated Hearing Officer shall meet with all parties during normal business hours to consider evidence, arguments, and ordinances regarding the case. Meetings may be conducted at a city facility or on site, at the Hearing Officer’s discretion. The Hearing Officer shall render a decision within ten days after the hearing date.
(C) Prohibition of further approvals. The city shall not issue a notice of final completion or permit of occupancy for property on which a violation of this chapter has occurred or is occurring, until the violation has been cured by restoration or other means acceptable to the city and any civil penalties imposed for the violation have been paid.
(D) Remedies not exclusive. The remedies provided by this section are cumulative and not mutually exclusive and are in addition to any other rights, remedies, and penalties available to the city under any other provision of law, including, but not limited to, any action or proceeding necessary to prevent, restrain, correct, or abate any violation of this chapter.
(E) Lien. Penalties assessed under the provisions of this chapter and not paid within 30 days shall become a lien against the property.
(Ord. 03-2013, passed 11-5-2012; Res. 07-13, passed 2-11-2013)