A. Schedule: Violations of the provisions of this title shall result in civil penalties pursuant to the adopted Consolidated Fee Schedule
B. Daily Violations: Each day a violation is continued or maintained after receipt of notice shall give rise to a separate civil penalty for each day of violation.
C. Violation Appeal Procedure:
1. The city council shall appoint such hearing officers as the board deems appropriate to consider matters relating to the violation of this title.
2. Any person having received notice of such violation, or the owner of any affected property, may appear before a hearing officer and present and contest such alleged violation of this title.
3. The burden to prove any defense specified in subsection C4 of this section shall be upon the person raising such defense.
4. If the hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the written notice of violation. Such defenses are:
a. At the time of the receipt of the written notice of violation, compliance would have violated the criminal laws of the state.
b. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.
5. If the hearing officer finds that a violation of this title occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty by the violator.
6. No action by a hearing officer shall relieve the violator from complying with any of the provisions of this title.
D. Abatement For Correction And Payment:
1. Civil penalties shall be partially abated after the violation is cured and in the discretion of a hearing officer, considering the following guidelines and other factors:
a. Reductions are generally appropriate for promptly curing the violation pursuant to the following schedule, but the hearing officer may grant greater or lesser abatements depending on the facts of the case:
(1) Cured within fourteen (14) days after second notice: Seventy five percent (75%) reduction;
(2) Cured within twenty eight (28) days after second notice: Fifty percent (50%) reduction; or
(3) Cured within fifty six (56) days after second notice: Twenty five percent (25%) reduction.
b. If strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property.
c. If the violation and inability to cure were both caused by an event such as war, act of nature, strike, or civil disturbance.
d. Such other mitigating circumstances as may be approved by the city attorney or designee.
e. If a change in the actual ownership of the property was recorded in the recorder's office after the first or second notice was issued and the new owner is not related by blood, marriage or common ownership to the prior owner.
2. If the hearing officer finds that the noticed violation occurred and no applicable defense applies, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the delayed or periodic payment of the applicable penalty.
E. Collection Of Civil Penalties:
1. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days or when the penalty amounts to five thousand dollars ($5,000.00) from the receipt of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including costs and attorney fees.
2. Commencement of any action to remove penalties shall not relieve the responsibility of any penalty to cure the violation or make payment of subsequently accrued civil penalties, nor shall it require the city to reissue any of the notices required by this chapter. (Ord. 2012-15, 9-20-2012; amd. Ord. 2021- 19, 8-5-2021)