A. Voluntary Correction Agreement; General: At the sole discretion of the code enforcement officer, a voluntary correction agreement (hereinafter "agreement") may be entered into between the person responsible for compliance and the city. The agreement must be in writing. The agreement may be implemented following an oral or written notice of correction, service of a civil regulatory order, issuance of a notice of civil violation or notice of infraction, or filing of a criminal complaint.
B. Effect Of Agreement: Execution of the agreement represents acknowledgment and agreement by the person entering into the agreement (hereinafter the "signatory") that he or she is the person responsible for compliance or violations as set forth in the agreement, that the agreement represents a determination that the violation or violations as set forth in the agreement have been committed, and that this determination is final and conclusive.
C. Contents Of Voluntary Correction Agreement: The voluntary correction agreement is a contract between the city and the person responsible for compliance under which that person agrees to abate the violations within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. A statement identifying the necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgment by the person responsible for compliance that he or she will correct the violation within the time specified in the voluntary correction agreement; and
2. An acknowledgment by the person responsible for compliance that if the violation is not corrected in compliance with the terms and conditions of the voluntary correction agreement, the city may issue a notice of civil violation and impose monetary penalties for the time period for the violation or violations described in the voluntary correction agreement; and
3. The name and address of the person responsible for the violation; and
4. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
5. A description of the nature, extent, and time of the violation and a reference to the regulation or provision of this code or uncodified city ordinance that has been violated; and
6. An acknowledgment by the person responsible for compliance that the violation described in the voluntary correction agreement exists; that he or she is the person responsible for compliance or the violations set forth in the voluntary correction agreement, that the agreement represents a determination that the violation or violations as set forth in the voluntary correction agreement have been committed, and that this determination is final and conclusive; and
7. A statement identifying the necessary corrective action to be taken, the date or time by which correction must be completed, and an acknowledgment by the person responsible for compliance that he or she will correct the violation within the time specified in the voluntary correction agreement; and
8. An acknowledgment by the person responsible for compliance that if the violation is not corrected in compliance with the terms and conditions of the voluntary correction agreement, the city may issue a notice of civil violation and impose monetary penalties for the time period for the violation or violations described in the voluntary correction agreement; and
9. Acknowledgment by the person responsible for compliance that the city may enter the building, structure, premises, or land and inspect the building, structure, premises, or land as may be necessary to determine compliance with the voluntary correction agreement; and
10. Acknowledgment by the person responsible for compliance that the code enforcement officer shall have the decision making authority to determine if corrective action has been taken in compliance with the terms and conditions of the voluntary correction agreement; and
11. Acknowledgment by the person responsible for compliance that if the code enforcement officer determines that the terms of the voluntary correction agreement are not met, the city may enter the building, structure, premises, or land to complete the corrective action set forth in the voluntary correction agreement and may also recover its costs and expenses and/or a monetary penalty pursuant to this chapter from the signatory; and
12. The signature or official mark of the person responsible for compliance and the signature or official mark of the code enforcement officer.
D. Failure To Comply With Voluntary Correction Agreement:
1. Determination: The code enforcement officer shall have the authority to determine, in his or her discretion, whether or not the signatory is in compliance with the voluntary correction agreement. A final determination of compliance or noncompliance shall be made in writing and shall identify that it is a final determination.
2. Notice Of Violation: In the event that the code enforcement officer has made a final determination that the signatory has failed to comply with the terms and conditions of a voluntary correction agreement, and no appeal has been timely filed pursuant to subsection E of this section, the city may issue a notice of civil violation and impose monetary penalties for the underlying violation or violations which are the subject of the voluntary correction agreement. The filing of an appeal of the determination of noncompliance shall not preclude the city from pursuing any other remedies available under this chapter or at law or in equity, including issuing a notice of violation or infraction for each continuing violation.
3. Abatement By The City: In addition to any other remedy provided for in this chapter, the city may abate the violation in accordance with the applicable provisions of this code and state law if the code enforcement officer issues a determination of noncompliance.
E. Appeal: A person responsible for a violation who has entered into a voluntary correction agreement may appeal the code enforcement officer's final determination of noncompliance with the voluntary correction agreement pursuant to the provisions of chapter 12 of this title for appeal of a final determination of noncompliance. The filing of an appeal, as provided herein, shall not preclude the city from taking further enforcement action. Nothing herein shall preclude an appeal of issuance of notice of civil violation and imposition of monetary penalties pursuant to subsection 1-13-6K of this chapter. (Ord. 912, 9-14-2011)