Loading...
The administrative remedy provided in this chapter for any continuing violation of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, may be exercised in place of, or in addition to, any other remedy which is allowed by law, whether administrative, criminal, civil, or equitable. The city attorney or city prosecutor shall have sole discretion to determine whether a violation will be prosecuted criminally. If a violation is not prosecuted criminally, the city may proceed with civil or administrative proceedings pursuant to this chapter. (Ord. 629, §2, 2009).
Whenever the citing official determines that there exists a continuing violation of any provision of this code related to building, plumbing, electrical, mechanical or other similar structural or zoning issues, that does not create an immediate danger to health or safety, the citing official shall issue or cause to be issued a written compliance order to any responsible person, and such order shall be served by the citing official as provided in this chapter. (Ord. 629, § 2, 2009).
A compliance order shall contain all of the following information:
(a) The date and location of the violation and the approximate time the violation occurred.
(b) The municipal code section violated and a description of the violation.
(c) The action required to correct the violation and the date by which such action must be completed. Except as otherwise provided in this section, the date for compliance shall not be less than thirty days from the date the compliance order is served.
(d) The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process.
(e) The time period after which administrative fines will begin to accrue if there is not full compliance with the order.
(f) The amount of the fine that will be imposed if there is not full compliance with the order.
(g) The name and signature of the citing official. (Ord. 629, § 2, 2009).
(a) If the citing official determines that all violations specified in the compliance order have been corrected within the time set forth in the order, no further action shall be taken against the responsible person regarding the violations.
(b) When a compliance order is issued, if the responsible person provides written notice that the violation has been corrected, and if the citing official finds compliance, the citing official shall deem the date the written notice was postmarked or personally delivered to the city official to be the date the violation was corrected. If, however, a final inspection confirms compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be the date the violation was corrected. (Ord. 629, § 2, 2009).
If the responsible person fails to fully comply with the compliance order within the time specified therein, the citing official may issue an administrative citation as provided in this chapter. The issuance of the administrative citation does not obviate the responsible person's obligation to fully comply with the compliance order. (Ord. 629, § 2, 2009).
(a) If an administrative citation is appealed by the responsible person and an administrative hearing is held as provided in this chapter, the administrative hearing officer shall issue a written decision entitled "administrative order" no later than thirty days after the date on which the administrative hearing concludes. The administrative hearing officer shall make findings within the administrative order regarding the existence of the violation(s) specified in the compliance order, and regarding whether the responsible person took the required corrective action within the time period set forth in the compliance order. If the administrative hearing officer concludes that the violation continues to exist, the administrative order shall set forth a schedule for correction. If the administrative hearing officer determines that the violation(s) set forth in the compliance order did not exist, or that the violation(s) was (were) timely corrected, all proceedings regarding the violation(s) shall immediately cease and the administrative citations shall be canceled. If the administrative hearing officer cancels the administrative citation, any fine deposited with the city shall be promptly refunded. The administrative order shall be served upon the responsible person by registered mail. Service shall be deemed effective on the date of mailing.
(b) The administrative order shall impose administrative fines and costs as provided in this chapter.
(c) The administrative order shall become final on the date of service, and shall notify the responsible person of the right to appeal as provided in this chapter. The administrative order shall set a deadline for compliance with its terms in the event that the responsible person fails to file an appeal. (Ord. 629, §2, 2009).
Loading...