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(A) Notice to correct.
(1) If the Department finds a violation of this chapter, it shall mail to the property owner and/or tenant a notice to correct the violation. The notice to correct shall be delivered either by personal delivery by a representative of the Department or an officer of the City Police Department, or by certified mail.
(2) The notice to correct shall advise the owner/tenant of the following: the nature of the violation; the corrective action required; that the owner/tenant is to correct the violation within seven days after mailing or personal delivery of the notice; the city's remedies if the person fails to correct the violation; and, that if the condition is not timely corrected a fine will be assessed (without further action) the day following the time allowed for correction.
(B) Remedies if violation not timely corrected. If the violator fails to timely correct a violation as provided in a notice to correct, the city shall have the following remedies.
(1) Fine. The city may fine the violator the sum identified in § 96.99 if the violation is not corrected within the seven-day cure period identified in the notice to correct. The city is not required to provide to the violator any further notice or document as a precondition to assessing the fine. The city shall notify the violator of the amount of the fine assessed and other costs as provided in § 96.04.
(2) Correction by city; costs and administrative fee.
(a) If the violator fails to correct the violation within the time allowed, the city and/or a contractor hired by the city may enter upon the property and correct the violation.
(b) If the city, or a contractor hired by the city, corrects the violation, the violator shall be liable for:
1. The city's actual costs of correcting the violation; and
2. An administrative fee in the amount of $250.
(c) Correction of the violation by the city does not relieve the violator from liability for any applicable fine.
(d) If deemed necessary, the city may obtain an order from any court of competent jurisdiction authorizing the city and its agents to enter upon the property for purposes of correcting the violation. However, the city is not required to obtain an order and may enter upon property to enforce this chapter under the authority granted herein.
(3) Non-exclusive remedies. The city may exercise one or more of these remedies without waiving other available remedies. The city may also pursue any other remedy provided for by state law or city ordinance.
(C) Enforcement of repeated violations; continuous enforcement. If a second violation of this chapter is discovered within 30 days after a notice to correct was issued for a violation on the same property, the Department may issue a notice to correct which includes a notice of continuous enforcement providing for ongoing enforcement of this chapter without further notice.
(1) This notice shall be delivered in the same manner and provide the same advisements as provided in division (A) above. In addition, this notice shall clearly and conspicuously delineate it as a notice of continuous enforcement, shall identify the length of time the notice remains in effect, and shall advise the violator that further violations shall be subject to additional fines and remedies provided in this chapter without additional notice.
(2) If the owner fails to correct the violation within seven days after delivery of this notice, the Department can issue fines, take corrective action and levy all costs and other remedies provided herein. Thereafter, upon discovery of additional violations the Department can invoke all remedies without providing additional notice. Upon taking any action the Department shall deliver to the violator a statement identifying the date of each violation; the corrective action taken; the amount of fine(s), fees and costs due; and the time in which payment is due.
(3) A notice of continuous enforcement may remain in effect for the remainder of the calendar year in which it is issued.
(Ord. 2010-01, passed 2-8-2010; Ord. 2017-08, passed 7-24-2017)
(A) The Department shall send to the violator written notice of the amount due for the fine, costs of correction and administrative fee within five business days of the accrual of the fine or completion of the corrective action, The notice shall advise the violator where and in what manner payment may be made, and that payment is due within ten days of issuance of the notice.
(B) (1) If an owner fails to pay the amount due within the time allowed, the Department shall certify to the County Auditor the unpaid amount, along with any additional administrative costs incurred in the certification. The County Auditor shall place the total amount certified on the real estate tax duplicate for the property affected, to be collected as delinquent taxes are collected. The funds collected shall be disbursed to the non-reverting code enforcement fund of the Department.
(2) In the alternative, the city may initiate an action in court to collect the amounts due. The violator shall be responsible for the city's costs and reasonable attorney's fees in an action.
(C) After correction of a violation and upon request by the violator, the Department may, in its sole discretion, reduce or waive any fine or administrative costs levied under this chapter.
(Ord. 2010-01, passed 2-8-2010; Ord. 2011-12, passed 8-8-2011; Ord. 2017-08, passed 7-24-2017)
(A) If the violator contests the city's determination of a violation or the amount of fines, fees and costs due, the violator may appeal the determination to the County Superior Court within 30 days after issuance of the city's notice identifying the fines and costs due. Review of the city's determination shall be de novo. Failure to file legal action within the designated time constitutes a waiver of the review.
(B) On review, the city shall have the burden of proving the violation and/or the amount of the fine, fees and costs by a preponderance of the evidence.
(C) (1) If the court determines that a violation existed, or if the review is only of the amount of fines and costs due, the court shall determine the total amount of the fine(s), costs of correction and administrative fee due. In addition, the owner shall also be liable for the city's costs and reasonable attorney's fees. The court shall set the time in which the amount due shall be paid. If the amount due is not paid within the time specified, the city may collect it from the owner as provided in § 96.04.
(2) If the court determines that no violation existed, the notice to correct shall be deemed void and the owner shall not be liable for a fine, administrative fee or costs of correction.
(Ord. 2010-01, passed 2-8-2010; Ord. 2017-08, passed 7-24-2017)
Owners found to be in violation of this chapter shall be subject to a fine in the following amounts:
Violation | Fine |
First violation | $100 |
Second violation within same calendar year | $200 |
Third violation within same calendar year | $300 |
Each additional violation within same calendar year | $500 |
(Ord. 2010-01, passed 2-8-2010; Ord. 2017-08, passed 7-24-2017)