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<br />1.20.190 Civil Penalties. <br />A. Monetary Penalty for Noncompliance. A monetary penalty shall accrue for each day or portion <br />thereof that each violation continues beyond the date for compliance set in a notice and order or <br />any hearing examiner’s decision. Unless a different penalty amount for a given violation is <br />expressly authorized or required by a more specific city code provision, the maximum daily <br />penalty and the default amount shall be $250.00 per violation, per day, not including fees, costs, <br />and assessments. <br />B. Monetary Penalty for Repeat Violations. A monetary penalty shall accrue for each day or portion <br />thereof that each violation continues beyond the date for compliance set in a notice and order or <br />any hearing examiner’s decision. The maximum daily penalty and default amount for issuance of <br />a notice and order or hearing examiner’s decision related to a repeat violator shall be $500.00 per <br />violation, per day. <br />C. Monetary Penalty for Failure to Comply with VCA. A monetary penalty for failure to comply with <br />a VCA shall be assessed in the amount of $250.00, per violation per day, with the number of <br />violations multiplied by the number of days of noncompliance, dating back to the date of the <br />initial violation. <br />D. Monetary Penalty for Failure to Comply with Stop Work Order. A monetary penalty for failure to <br />comply with a Stop Work Order shall be assessed in the amount of $1,000, per violation, per day, <br />with the number of violations multiplied by the number of days the Code Enforcement Officer <br />determines that work or activity was done in violation of the stop work order. <br />E. Payment. Civil penalties shall be paid within the period specified in the notice and order or stop <br />work order if not appealed. <br />F. Monetary Penalty Appeal Process. The responsible party identified in the enforcement action <br />shall be afforded the opportunity to an administrative hearing to contest the Code Enforcement <br />Officer’s determination to levy the monetary penalty provided for in EMC 1.20.190. <br />1. Notice of Assessment. If the subject property is not brought into compliance pursuant to <br />an enforcement action, or a hearing examiner’s decision, the Code Enforcement Officer <br />shall issue a notice of assessment identifying the penalties imposed under this chapter for <br />any remaining uncorrected violations. Notices of Assessment shall be served pursuant to <br />EMC 1.20.080(C). <br />2. Assessment Appeal. The responsible party receiving a Notice of Assessment may appeal <br />only the penalties stated therein within 14 days after the Notice of Assessment is served. <br />3. Appeal Procedure. The responsible party’s written request for hearing shall follow the <br />procedures established in EMC 1.20.250-1.20.260, including payment of the appeal fee. <br />4. Failure to Appeal. Failure to submit a timely appeal shall be deemed a failure to exhaust <br />administrative remedies and shall preclude any further review of (a) whether the <br />violations as identified in the Notice of Assessment had been corrected as of the date of <br />issuance of the Notice of Assessment and (b) whether the penalties for such violations <br />were properly imposed in the Notice of Assessment based on such violations. Failure to