A. In addition to criminal sanctions, civil injunctions and other remedies set forth in this code, the city may impose administrative penalties and administrative abatement orders in a manner consistent with the procedures set forth in this Chapter for any of the following acts or omissions:
1. All violations of the Visalia Municipal Code;
2. All violations of the city charter and other codes or ordinances adopted by the city of Visalia;
3. All violations of uniform codes adopted by the city of Visalia;
4. Failing to comply with any order issued by a commission, board, hearing officer or examiner or other body appointed by the city council and authorized to issue orders, including but not limited to the planning commission and the historic preservation advisory committee;
5. Failing to comply with any condition imposed by any entitlement, permit, contract or environmental document issued or approved by the city of Visalia.
B. Alternative Remedy. Nothing in this chapter shall prevent the city from using one or more other remedies to address violations. When the violation upon which the administrative enforcement order is based pertains to building, plumbing, electrical, structural or zoning provisions, the responsible party shall be provided a reasonable period of time to correct the violation prior to imposition of the administrative penalty, except in those cases in which there is an immediate danger to health or safety.
C. Standard Administrative Penalty. Unless a specific administrative penalty is adopted by the City Council pursuant to the provisions of subsection D below, the amount of the administrative penalty to be imposed shall be:
1. One hundred dollars ($100.00) for a first violation;
2. Two hundred dollars ($200.00) for a second violation of the same ordinance provision within one year;
3. Five hundred dollars ($500.00) for each additional violation of the same ordinance within one year.
D. Alternative Administrative Penalty. In lieu of the standard administrative penalty schedule, the department head or his/her designee responsible for issuing an administrative penalty may establish an administrative penalty schedule providing for an administrative penalty in any amount not less than one hundred dollars ($100.00) nor more than twenty-five thousand dollars ($25,000.00) per violation. In determining the amount of the administrative penalty to be imposed, the department head shall consider factors including but not limited to:
1. The seriousness of the violation;
2. The responsible party's efforts to correct the violation;
3. The injury/damage, if any, suffered by any member of the public;
4. Any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years;
5. The amount of city staff time which was expended investigating or addressing the violation;
6. The amount of administrative penalties which have been imposed in similar situations;
7. Necessity to mitigate the damage to the community that is caused by a particular violation; and
8. Any other factors which justice may require.
The alternative administrative penalty schedule developed by the Department Head shall be submitted to the City Council for approval by resolution at a regularly noticed meeting.
Payment of any penalty shall not excuse the failure to correct the violation(s), nor shall it bar further enforcement action by the city.
E. Additional Penalty Provided by Ordinance. In addition to the standard administrative penalty or alternative administrative penalty, an administrative enforcement order may include an order to pay an additional civil penalty where such additional civil penalty is provided for by ordinance, or where an ordinance authorizes or directs a court of law to impose such additional civil penalty, unless such additional civil penalty is provided for within the alternative administrative penalty schedule as may be adopted.
F. Establishment of Administrative Abatement Orders. An administrative enforcement order may direct a responsible party to abate a public nuisance, or any other acts or omissions enumerated in Subsection A, in accordance with any of the abatement methods set forth in the Municipal Code or in other local, state or federal law. If a responsible party fails to abate a condition as specified in the administrative enforcement order, after the order becomes final, the City may choose to abate the condition through any of the abatement methods set forth in the Municipal Code or in other local, state or federal law. Nothing contained in this Section shall be construed as limiting, prejudicing or adversely affecting the City's ability to concurrently or consecutively use any of those proceedings as the City deems applicable. (Ord. 2006-15 § 2 (part), 2006)