(A) Civil penalty authorized. In addition to any other enforcement authority provided for by law, and without regard to any criminal prosecution or conviction under this chapter, the Commission may at an administrative hearing assess a civil penalty by order against a property owner for failure to comply with an order issued by the Commission pursuant to this chapter.
(B) Showing required. The civil penalty may be assessed if it is shown at the administrative hearing that:
(1) The property owner was notified of the contents of the order issued pursuant to § 160.07; and
(2) The property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order.
(C) Amount of penalty. The civil penalty may be assessed in an amount not to exceed $1,000 a day for each violation or, if the owner shows that the property is the owner's lawful homestead, in an amount not to exceed $10 a day for each violation.
(D) Notice of administrative hearing. Not less than ten days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail, return receipt requested. The notice shall contain:
(1) A copy of the order issued by the Commission pursuant to § 160.07;
(2) A statement that the building official has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order;
(3) A statement that at the administrative hearing the Commission may assess a civil penalty not to exceed $1,000 a day for each violation or, if the owner shows that the property is the owners' lawful homestead, in an amount not to exceed $10 a day for each violation; and
(4) Notice of the time and place of the hearing.
(E) Copy of order filed with district clerk. After the civil penalty is assessed, the City Secretary shall file with the Bell County District Clerk a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty.
(F) Enforcement. The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a final judgment in accordance with the assessed penalty. A civil penalty under this division is final and binding and constitutes prima facie evidence of the penalty in any suit.
(Ord. 2011-07, passed 4-12-11)