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Ordinance 3901-22
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Ordinance 3901-22
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Last modified
11/17/2022 9:15:37 AM
Creation date
10/28/2022 8:24:39 AM
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Ordinances
Ordinance Number
3901-22
Date
10/19/2022
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7. An acknowledgement by the property owner that if the city determines that such person <br /> does not meet the obligations specified in the VCA,the following may occur: <br /> a. The city may impose any remedy authorized by this chapter, including issuance <br /> of civil penalties and assessment of all costs and expenses incurred by the city to <br /> pursue code enforcement; <br /> b. The city may initiate criminal code enforcement proceedings against the owner <br /> for violation of any applicable EMC provision. <br /> c. The city may enter the property and perform abatement of the violation by the <br /> city, and assess the costs incurred by the city to pursue code compliance and to <br /> abate the violation, including reasonable legal fees and costs, all without having <br /> to obtain a warrant or other court order; <br /> d. If a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the <br /> city may charge the unpaid amount as a lien against the property where the code <br /> violation occurred, and that the unpaid amount may be a joint and several <br /> personal obligation of all persons responsible for the violation(s); <br /> e. That by entering into the VCA, the property owner thereby admits that the <br /> conditions described in the VCA existed and constituted code violation(s); and <br /> f. The city may suspend, revoke,or limit any development permit obtained or to be <br /> sought by the person responsible for the code violation(s). <br /> 8. A statement that in consideration of the city's agreement to enter into a VCA,the property owner <br /> understands that such person has the right to be served with a notice and order, or stop work <br /> order for any violation identified in the VCA, has the right to administratively appeal any such <br /> notice and order or stop work order, and is knowingly and intelligently waiving those rights.The <br /> VCA is a final, binding agreement, it is not a settlement agreement, and its contents are not <br /> subject to appeal. <br /> 1.20.120 Notice and Order. <br /> A. Authority.Whenever the Code Enforcement Officer has reason to determine that a code violation <br /> occurred or is occurring, or that the terms of a VCA have not been met, or the person responsible <br /> has decided not to enter into a VCA,the Code Enforcement Officer is authorized to issue a notice <br /> and order to any person responsible for the code violation. Repeat violations shall be treated as <br /> new violations for purposes of this section. <br /> B. Effect and Enforcement Status.A notice and order shall take effect immediately upon service.The <br /> city may enforce a notice and order pursuant to any provision of this chapter and enforce it in <br /> superior court. The notice and order may be appended to or incorporated by reference in any <br /> other enforcement action. The notice and order shall be subject to immediate enforcement by <br /> the city police as necessary. <br /> C. Contents.The notice and order shall contain the following information: <br />
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