In addition to any other penalties set forth in this Chapter and the remedy of specific performance, which may be enforced in a court of competent jurisdiction, the City may assess an additional penalty of civil forfeiture for failure to comply with any provision of Sections 1180.01 through 1180.21. Such penalty shall be a monetary sum, payable to the City, in the amount of five hundred dollars ($500.00) per twenty-four (24)-hour day of violation and any subsequent portion of a day less than twenty-four (24) hours in length. Prior to assessing said penalty, the City will provide written notice to the provider detailing the failure to comply with a specific provision of Sections 1180.01 through 1180.21. Such notice shall also indicate that said penalty shall be assessed in fifteen (15) calendar days subsequent to the date of receipt if compliance is not achieved. If a provider desires to challenge such penalty, provider must request a public hearing before the City Administrator within ten days of service of the notice. Such public hearing shall be held within thirty (30) days of the provider's request. If provider requests such hearing before the City Administrator, such penalty shall be temporarily suspended. However, if, after the public hearing, the City Administrator determines that provider failed to comply with the specific provision(s) of Sections 1180.01 through 1180.21 referenced in the notice, such penalty shall be assessed starting with the fifteen (15) calendar days after receipt of the notice referenced in this section and continuing each day thereafter until compliance is achieved. The determination of the City Administrator shall be final.
(Ord. 051-2022. Passed 12-5-22.)