A. After the time for abatement set forth in the citation and order has expired, the director shall determine whether the owner has taken the action ordered by the director and whether the nuisance has been abated. If the director determines that the owner has complied with the director's order and that the nuisance has been abated, the owner and any occupants other than the owner shall be notified in writing of such determination and the administrative action shall be suspended. If the director suspends the administrative action, he or she may continue to monitor the property and activity associated with it. If the director determines that the nuisance activity reoccurs and/or the owner has failed to comply with the previously issued citation and order within eighteen (18) months of suspension of the case, the director may impose an administrative penalty as provided in this section.
B. If the director determines that the nuisance has not been abated that the owner has failed to comply with the director's order, or that the nuisance actually has reoccurred, the director may impose an administrative penalty of not more than five thousand dollars ($5,000.00) upon the owner. In addition, the director may issue another citation and order to the owner pursuant to Section 8.08.090 of this chapter for the existence of any nuisance which has not been abated, or which has reoccurred.
C. If the director imposes an administrative penalty upon the owner, the director shall issue a notice of such penalty to the record owner of the premises, and to any occupants of the premises who are not the owner. The notice shall specify the amount of the administrative penalty, advise the owner of his or her right to request a hearing to contest the administrative penalty, and state that if no hearing request is received within thirty (30) calendar days, the administrative penalty will become final and be made a lien upon the property involved.
D. The notice of administrative penalty shall be served in the manner prescribed by Section 8.08.140(B) and (C) of this chapter. (Prior code § 61.16.1611)