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the City within fifteen(15) calendar days of the effective date of the notice of violation or <br /> within fifteen(15) calendar days from the date that notification of noncompliance with <br /> the voluntary correction agreement is mailed or otherwise served. The City is authorized <br /> to take action to collect the monetary penalty including filing civil actions or turning the <br /> matter over to collection in which case costs incurred by the City as a result of the <br /> collection process will be assessed in addition to the monetary penalty. In addition, the <br /> city can also incorporate any outstanding penalty into an assessment lien when the City <br /> incurs costs in abating the violation. <br /> The code compliance officers and/or the hearing examiner have the authority to assess <br /> the monetary penalty accordingly: <br /> 1. Assess penalties beginning on the date the notice of violation was issued and <br /> thereafter; <br /> 2. Assess penalties beginning on the correction date; <br /> 3. Assess less than the established penalty based on the following criteria: <br /> a. Whether the person responded to staff attempts to contact the person <br /> and cooperated with efforts to correct the violation, <br /> b. Whether the violation was a repeat violation and/or whether the person <br /> has a history of similar violations, <br /> c. Whether the person showed due diligence and/or substantial progress in <br /> correcting the violation, <br /> d. Whether a genuine code interpretation issue exists, and e. Mitigating <br /> circumstances. <br /> B. Repeat Violation. No person responsible for a violation pursuant to this Chapter who <br /> has complied with a notice of violation or voluntary correction agreement or who has <br /> failed to comply resulting in the City abating the violation pursuant to the provisions of <br /> this Chapter shall repeat a violation. To "repeat a violation" means to commit a violation <br /> of the same regulation by the same person for which a notice of violation or voluntary <br /> correction agreement was issued within two (2)years. The City, including the examiner, <br /> retains continuing jurisdiction to address repeat violations in accordance with the <br /> provisions of this Chapter. <br /> C. Emergency. An "emergency" means a situation which in the opinion of the City's <br /> code compliance officer(s)requires immediate action to prevent or eliminate an <br /> immediate threat to the health or safety of persons or property. Notwithstanding any <br /> provision in this Chapter,when a notice of violation is issued in the case of an <br /> emergency, immediate action shall be required by the person(s)to whom the notice of <br /> violation is issued. No action shall be stayed pending the filing of an appeal. If the City <br /> does not obtain immediate action by the responsible person upon issuance of the notice of <br /> violation, the City is authorized to immediately abate the violation itself or as otherwise <br /> provided herein. Notwithstanding the exercise of emergency authority,the City is entitled <br /> to collect its cost of abatement, assess penalties and take all actions provided in this <br /> chapter. <br /> be and the same is hereby amended to read as follows: <br /> Monetary penalty-Repeat violations-Emergency procedures. <br /> 11 <br />