(A) In determining the date when civil penalties start to accrue, an enforcement official may consider the date when the enforcing department first discovered the violations as evidenced by the issuance of a notice of violation or any other written correspondence advising the responsible person of the existence of a violation.
(B) The assessment of civil penalties shall end when all action required by the notice and order has been completed.
(C) In determining the amount of the civil penalty to be assessed on a daily rate, an enforcement official may consider some or all of the following factors:
(1) The duration of the violation.
(2) The frequency or recurrence of the violation.
(3) The seriousness of the violation.
(4) The history of the violation.
(5) The responsible person's conduct after issuance of the notice and order.
(6) The good faith effort by the responsible person to comply.
(7) The economic impact of the penalty on the responsible person.
(8) The impact of the violation upon the community.
(9) Any other factors that justice may require.
(D) The City Manager has the authority to establish a penalty schedule for an enforcement official to use as a guideline in determining the amount of civil penalties depending on the nature of the case. The City Manager shall also establish procedures for the use of this penalty schedule.
(Ord. 1809, passed 2-21-24)