(A) In the event no permit application is filed, or in the event the City Engineer determines there is non-compliance with erosion prevention and sediment control plans or the existence of an immediate danger in a downstream area, the City Engineer or his or her designee may issue correction notice(s) and stop work order(s) and assign fines. Informal settlement of matters under this section is encouraged.
(B) Issuance of notice of violation or citation.
(1) Enforcement proceedings for this section shall be initiated by the issuance of a notice of violation or a citation by the City Engineer or his or her designee. In lieu of a citation, the City Engineer may give the violator a notice that a violation has occurred and allow the violator a specified period of time to remedy the violation without a fine. The time allowed by the City Engineer shall depend on the nature of the violation and the time necessary to remedy the violation. If the violator fails or refuses to remedy the violation within the time specified, the City Engineer is authorized to issue a citation.
(2) The notice of violation or citation shall be delivered to the violator at his or her last known address as it appears from the current tax assessment roll or on the application submitted to the City Engineer’s Office. Such notice of violation or citation shall be deemed to be properly served if given by certified mail, return receipt requested, by personal delivery, or by leaving the notice at the person’s usual place of residence with any individual residing therein who is eighteen (18) years of age or older and who is informed of the contents of the notice. Service by certified mail shall be presumed to have been served on the third day following mailing. A copy shall also be posted in a conspicuous place in or about the structure or premises affected by such notice of violation or citation.
(C) The citation issued by the City Engineer should contain the following information:
(1) A description of the real estate sufficient for identification;
(2) The name and address of the person to whom the citation is issued;
(3) The date and time the violation was observed and the date and time of issuance of the citation;
(4) The facts constituting the violation;
(5) The section of the ordinance or other code violated;
(6) The name of the City Engineer or representative issuing the citation;
(7) The procedure for the person to follow in order to pay the civil fine or to contest the citation;
(8) The proposed fine to be imposed per day for the violation; and
(9) A statement that if the person fails to pay the civil fine set forth in the citation or to contest the citation within the time allowed, the person shall be deemed as having waived the right to a hearing before the Local Appeals Board and the determination that a violation was committed shall be final.
(D) Nothing in this section shall prohibit the city from correcting the violation through self help or taking immediate action to remedy a violation of its ordinances when there is reason to believe that the violation presents a serious threat to the public health, safety and welfare, or if in the absence of immediate action, the effects of the violation will be irreparable or irreversible. The city may file a lien on the property to recover the city’s costs of labor and material, civil fines and other expenses including reasonable attorney fees.
(E) After issuing a citation, the City Engineer shall deliver a copy of the citation to the person designated by the Local Appeals Board. Upon receipt of a citation, the violator shall respond to the citation within seven (7) days by either paying the civil fine, or requesting in writing a hearing before the Local Appeals Board to contest the citation. If the violator responds by paying the civil fine, the violator shall still be required to remedy the violation. If the violator fails to remedy the violation or to request a hearing within the designated time, the City Engineer is authorized to issue another citation and to remedy the violation. After determining that compliance has been achieved in the allowed correction time, the City Engineer shall report that to the Local Appeals Board.
(F) If the violator does not request a hearing before the Local Appeals Board and the property is not brought into compliance, or if the Local Appeals Board orders the property be brought into compliance and the violator refuses, the city and its authorized agents or employees shall have the right to enter upon the property with such manpower, machinery and equipment necessary to remedy the situation and to abate the violation.
(G) The city shall have a lien on property owned by the person found by a final, non-appealable order of the Local Appeals Board or by a final judgment of the court to have committed a violation of a city ordinance for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance including reasonable attorney fees. The lien shall be recorded in the office of the County Clerk and shall be notice to all persons from the time of its recording and shall bear interest at twelve percent (12%) per annum thereafter until paid.
The lien shall take precedence over all other subsequent liens except state, county, school boards and city taxes, and may be enforced by judicial proceedings. In addition to the remedy prescribed above, the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of this chapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(H) Civil penalties. Any person violating any provision of this chapter shall be subject to a civil penalty or fine of not more than two hundred and fifty dollars ($250.00) for a first offense and an additional five hundred dollars ($500.00) for each subsequent offense. Each day’s violation shall constitute a separate offense.
(Ord. 2006-26, passed 12-4-06)