§ 154.703 LIQUIDATED DAMAGES.
   In addition to any other penalties set forth in this chapter, and the remedy of specific performance that may be enforced in a court of competent jurisdiction, the Municipal Manager may assess an additional penalty of civil forfeiture for failure to comply with any provision of this chapter. Said penalty shall be a monetary sum, payable to the municipality, in the amount of $500 per 24 hour day of violation and any subsequent portion of a day less than 24 hours in length. Prior to assessing said penalty, the Municipal Manager shall provide written notice to the provider detailing the failure to comply with a specific provision of this chapter. Said notice shall indicate that said penalty shall be assessed 15 calendar days after receipt of service of the notice if compliance is not achieved. If a provider desires to challenge said penalty, the provider shall request a hearing before the Municipal Manager within ten days of service of the notice. Said hearing shall be held within 30 days of the provider’s request. If the provider requests such hearing before the Municipal Manager, said penalty shall be temporarily suspended. If, however, after the hearing, the Municipal Manager determines that the provider failed to comply with the specific provision of this chapter referenced in the notice, said penalty shall be assessed starting 15 calendar days after service of the notice referenced in this chapter and continuing for each day thereafter until compliance is achieved. The determination of the Municipal Manager shall be final.
(Ord. 2000-06, passed 7-6-00)