(a) The hearing officer may impose administrative penalties for each day during which a violation is maintained after the date when compliance was ordered to be achieved, in an amount not to exceed the maximum provided in the schedule of administrative penalties adopted by council resolution effective on the date when the violation occurred.
(b) In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:
(1) The duration of the violation;
(2) The frequency, recurrence, and number of violations, related or unrelated, by the same violator;
(3) The seriousness of the violation;
(4) The good faith efforts of the violator to come into compliance;
(5) The economic impact of the violation on the community;
(6) Such other factors as justice may require.
(c) Administrative penalties imposed by the hearing officer shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the enforcement official.
(d) The enforcement official may suspend the imposition of applicable penalties for any period of time during which:
(1) The violator has filed for necessary permits; and,
(2) Such permits are required to achieve compliance; and,
(3) Such permit applications are actively pending before the city, state or other appropriate governmental agency.
(e) Administrative penalties assessed by the hearing officer shall be due by the date specified in the administrative order.
(f) Administrative penalties assessed by the hearing officer are a debt owed to the city and in addition to all other means of enforcement, if the violation concerns the condition of real property, may be enforced by means of a lien against the real property on which the violation occurred. Failure to pay administrative penalties within the time allowed under this chapter shall constitute a violation of this code punishable as a misdemeanor.
(g) If the violation is not corrected as specified in the administrative order, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in the schedule of administrative penalties.
(h) If the violator gives written notice to the enforcement official that the violation has been corrected and if the enforcement official finds that compliance has been achieved, the enforcement official shall deem the date of the final inspection to be the date on which the enforcement official finds that the violation was corrected.
(Ord. 4572 § 3 (part), 1999)