(A) (1) A person and the county may enter into a stipulated agreement, which shall be signed by both parties. Such agreement shall be reviewed by the Administrative Law Judge and entered as an administrative order. Entry of such agreement shall constitute a waiver of the right to an administrative hearing and the right to appeal.
(2) Within ten business days after all evidence and testimony are presented, the Administrative Law Judge shall issue a written administrative order that affirms or reverses, in whole or in part; remands; or modifies the notice of violation and summons, itemized statement of costs, administrative citation, administrative process decision, notice of emergency abatement or other county action.
(3) If affirmed, the administrative order shall specify the evidence supporting the Administrative Law Judge’s decision and the action required to satisfy the order.
(4) The Administrative Law Judge may assign the party who prevails at the administrative hearing to prepare findings of fact and conclusions of law.
(5) An Administrative Law Judge may issue an administrative order that requires a person to cease from violating published county ordinance, policy or procedure, and to take any necessary corrective action.
(6) An Administrative Law Judge may order the county to enter the property and abate all violations, including the removal of animals in violation of applicable published county requirements. Whenever an order of abatement is entered, the Administrative Law Judge shall order the responsible person to pay to the county the actual costs of the abatement and the administrative costs of the county to perform the abatement.
(7) An Administrative Law Judge may revoke a kennel permit, an animal license, the right to possess animals as provided in published county ordinance or policy.
(8) As part of an administrative order, an Administrative Law Judge may establish specific deadlines for the payment of fees and costs, and condition the total or partial assessment of civil fees on the responsible person’s ability to take necessary corrective actions by specified deadlines. Such fees shall continue to accrue until the responsible person complies with the Administrative Law Judge’s decision and corrects the violation.
(9) An administrative order imposing civil fines for failure to abate a violation of the county code by a stated deadline, shall continue to accrue additional fines until the responsible person complies with the Administrative Law Judge’s decision and corrects the violation, but shall not exceed $200 for each day the violation remains uncorrected and not to exceed a total of $3,000 for a violation.
(10) An Administrative Law Judge may schedule subsequent review hearings as may be necessary or as requested by the county to ensure compliance with an administrative order.
(11) An Administrative Law Judge may order a person to post a performance bond to ensure
compliance with an administrative order, but only if agreed to by the enforcement official handling the matter for the county.
(12) An Administrative Law Judge may revoke or suspend a beer license, a building permit or permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property, or any permits pertaining to the use and development of real property or a structure where a violation is located as provided in published county ordinance or policy.
(13) An administrative order shall become final on the date of signing by an Administrative Law Judge.
(14) An administrative order shall be served on all parties.
(15) An Administrative Law Judge shall assemble and prepare for certification an administrative record which supports the decision on appeal. The administrative record is a compilation and organization of all evidence presented and relied upon in connection with the final administrative decision. Once assembled, the Administrative Law Judge shall submit the administrative record to the County Attorney for certification and filing.
(16) An Administrative Law Judge may take any action reasonably necessary to obtain compliance with the applicable county ordinances.
(17) An Administrative Law Judge may assess civil fines and costs of abatement and administrative costs to a responsible person.
(B) (1) It shall be unlawful for any person to fail to comply with the terms and deadlines set forth in a final administrative order.
(2) A violation of this section shall be a Class B misdemeanor.
(3) Upon failure of a person to comply with the terms and deadline set forth in the administrative order, the county may use all appropriate legal means to recover the civil penalties and administrative costs to obtain compliance.
(Ord. 2020-11, passed 9-2-2020; Ord. 2023-03, passed 5-16-2023)