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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 <br />