Ordinance 3901-22 - Laserfiche WebLink

Rebuttable Presumption.There is a rebuttable presumption that the owner of a vehicle, building, structure, property, personal property or land upon or within which a violation has occurred or is occurring is also responsible for the violation, so long as the owner had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring. J. Responsibility for Juveniles. Any adult who is responsible for the care or supervision of a juvenile less than eighteen (18)years of age is liable for any violation of the code provisions referenced in EMC 1.20.020 committed by the juvenile, so long as the responsible adult had or has actual or constructive knowledge of the violation at the time the violation occurred or is occurring. K. Abatement Fund Established. All monies collected from the assessment of civil penalties shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such costs, or other appropriate accounting mechanism. 1.20.070 Authority and Administration. A. The Code Enforcement Officer shall have the authority to administer and enforce this chapter and is authorized to adopt procedures, policies, rules or guidelines; conduct inspections; and prepare the forms necessary to carry out the purposes of this chapter.The Code Enforcement Officer may seek assistance from city departments, other public agencies or private contractors to resolve code violations. B. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the Code Enforcement Officer may, in response to field observations or other information available, determine that violations of the code provisions referenced in EMC 1.20.020 have occurred or are occurring, and may: 1. Issue notice and orders, execute voluntary compliance agreements, assess civil penalties, and recover costs; 2. Require abatement, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work; 3. Order work stopped at a property by means of a stop work order; 4. Suspend, revoke, or modify a permit previously issued by the city when other efforts to achieve compliance have failed, and 5. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. C. The provisions of Chapter 1.20 EMC shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required pursuant to this Chapter from any person causing such violation.