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If an enforcement officer finds that a violation exists within the city, the enforcement officer may provide a notice of violation to the responsible party. The notice of violation shall indicate the nature of the violation, the action necessary to correct it, the warning period established before imposition of civil penalties, and the civil penalty amount for failure to correct the violation within the established warning period. The date of notice applicable to such notice shall serve to start the warning period.
(Ord. 2005-29, 5-24-2005)
If a violation within the city remains uncorrected after expiration of the warning period, the responsible party shall be liable for the civil penalties imposed under such title, chapter, article or section of this code. Such penalty shall be assessed by issuance of a citation by the enforcement officer. Any penalty assessed herein shall be in addition to such other penalties as may be provided in this code.
(Ord. 2005-29, 5-24-2005)
Each day a violation remains uncorrected after expiration of the warning period and upon any subsequent issuance of a civil citation shall give rise to a separate civil penalty. The city may combine any action to recover daily penalties with any other civil penalty regarding the same property or person. No civil citation shall issue for a daily violation that occurs in conjunction with another criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding.
(Ord. 2005-29, 5-24-2005)
If a violation is corrected but reoccurs on or related to the same property within two (2) years following the imposition of any civil penalty and the violation is committed by the same person, any subsequent violation after expiration of a new warning period shall subject that person to the applicable maximum penalty.
(Ord. 2005-29, 5-24-2005)
Any person issued a civil citation shall within twenty (20) days of the date of notice pay the civil penalty, unless a written request for a hearing is filed pursuant to section 1-4B-10 of this article.
(Ord. 2005-29, 5-24-2005)
A. Upon receipt of a written application from any person who may be subject to future civil penalties under the provisions of this article and by agreement of such person to comply with the notice if allowed additional time, the enforcement officer may grant an extended warning period, if the officer determines that good cause exists for such extended warning period and the extension will not seriously threaten the effective enforcement of the applicable title, chapter, article or section of this code, nor pose an imminent danger to the public health, safety or welfare. The mayor may adopt written guidelines for the granting of extensions under this section.
B. The granting of an extension shall not restrict the power of the building official to require vacation of premises, nor restrict the enforcement of other code violations.
(Ord. 2005-29, 5-24-2005)
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