1383.11 CIVIL PENALTY.

   (a)   In the event of a continued violation of the approved development in the Protected Hillside Zone areas or Steep Slope Set Back, a public hearing on the matter shall be conducted by the Planning Commission. Written notice of such hearing shall be served upon the owner, developer, builder, or occupant by registered mail and shall state:      

      (1)   The grounds of the complaint;

      (2)   The time and place such hearing is to be held.

   Such notice shall be served at least ten (10) days prior to the date set for the hearing. At any such hearing, the owner, developer, builder, or occupant shall be given an opportunity to be heard and may call witnesses and present evidence on his behalf. If, after such hearing, the Planning Commission concludes that the issuance of additional corrective notices would be futile, any performance guarantees or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the approved development in the Protected Hillside Zone or Steep Slope Set Back areas. Any additional costs incurred by the City shall be certified to Council for certification to the county Auditor for placement as a lien upon the property.

   (b)   In the case of a real and present emergency, the City Engineer shall refer the matter to the Law Director who shall institute an appropriate action at law.

(Ord. 2022-158. Passed 2-14-23.)

CODIFIED ORDINANCES OF INDEPENDENCE