(a) Whenever a Director determines that a violation the Director has authority to enforce has occurred or is occurring the Director may assess civil penalties pursuant to a written Notice and Order to any responsible person. When violations involve more than one department a Director may delegate enforcement authority to another Director.
(b) The Notice and Order issued by a Director shall state:
(1) The name of the person against whom the civil penalty is assessed;
(2) A description of the violation and all sections of the code or ordinance violated that are being charged;
(3) The date and location of each violation;
(4) A daily civil penalty assessment and the factors in section 18.205 the Director considered in determining the amount;
(5) The beginning and ending date for the civil penalty assessment, unless the violation is continuing as of the date of the Notice. In the case of a continuing violation the Director may assess penalties up to the day the Notice is issued and/or assess continuing penalties at the daily rate established in the Notice until the violation is corrected;
(6) Where a Director determines any violation is continuing, the responsible person is ordered to immediately cease violating the applicable law and commence and complete all action necessary to correct any outstanding violation under the guidance of the enforcement department;
(7) The process for payment of civil penalties is as provided in section 18.207;
(8) The person charged has the right to request a hearing to contest the Notice and Order as provided in section 18.208;
(9) If the person charged fails to request a hearing within 14 days of the date on the Notice and Order the person waives all administrative remedies and the person loses the right to contest (A) whether any violation occurred, (B) whether the person charged is responsible for any violation charged, (C) the dates of any violation, including whether any violation is continuing and (D) whether the amount assessed is reasonable.
(c) More than one Notice and Order may be issued against the same responsible person if the notice encompasses different dates and/or different violations.
(Added by Ord. No. 9889 (N.S.), effective 10-26-07; amended by Ord. No. 9925 (N.S.), effective 4-11-08)