It shall be unlawful to violate any provision of this chapter. Any one or more of the following enforcement actions may be taken for any violation of this chapter:
(A) The Engineering Director or his/her designee may charge the violator with a misdemeanor and subject the violator to any penalty prescribed by § 10.99.
(B) (1) The Engineering Director or his/her designee may assess a civil penalty in the amount established in the specific provisions against the person responsible for the violation. A written notice of assessment shall be mailed or hand delivered to the responsible person at the address listed in the county property tax records. Service of notice is complete by depositing the notice with the United States Postal Service, first class mail, postage prepaid, or by serving the notice by hand delivery.
(2) Such penalty shall be due and payable to the city no later than 30 days after the notice of assessment has been served. Failure to pay the civil penalty or file an appeal within the 30 days of service of the notice assessment shall result in an additional penalty of $25. The Finance Department may collect civil penalties in a civil action in the nature of a debt.
(C) The City Attorney or his/her designee may apply to the appropriate court for an injunction and order of abatement which would require that a violator correct any unlawful condition relating to this chapter existing on the property.
(D) (1) The Engineering Director or his/her designee may hire a contractor to correct any condition existing upon real property in violation of any provisions of this chapter. The costs resulting therefrom, including administrative costs, may be assessed as a civil penalty in the manner outlined within this chapter, to the person responsible for the violation. The code enforcement division may pay the contractor for the services performed and send the contractor's original invoice to the Finance Department. If the civil penalty is not paid, the Finance Department shall levy a lien against the property in the amount equal to the civil penalty. The Finance Department shall provide notice, by regular mail, to the property owner within five days of levying a lien on the property.
(2) The Finance Department shall be authorized to cancel any lien filed pursuant to this chapter that has been satisfied or was placed against the property in error. A property owner can challenge the filing of a lien by a written appeal to the Finance Department within 60 days of the date the notice of lien filing was made by the Finance Department indicating that a lien has been placed against the property.
(Ord. O-2012-23, passed 10-2-12; Am. Ord. O-2015-08, passed 6-2-15; Am. Ord. O-2018-31, passed 8-21-18)