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A. The monetary penalty for each violation shall not exceed five hundred dollars ($500), <br /> unless the violator is a repeat violator as defined in this section, in which case the <br /> monetary penalty for each violation shall not exceed one thousand dollars ($1,000). <br /> Payment of a monetary penalty pursuant to this Chapter does not relieve the person to <br /> whom the violation citation was issued of the duty to correct the violation or preclude the <br /> City from taking action to abate the situation as provided herein. The monetary penalty <br /> constitutes an obligation of the person(s)to whom the violation citation is issued. Any <br /> monetary penalty assessed must be paid to the City within fifteen(15) calendar days of <br /> the effective date of the violations hearing examiner's order. The City is authorized to <br /> 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 /> B. A"repeat violator" is defined as a person, firm, corporation, association, or agent <br /> thereof who has received a violation citation involving the same property three times or <br /> more within one calendar year. <br /> C. If a person is a repeat violator as defined in subsection B of this section, the City may <br /> issue a repeat violator citation. A repeat violator citation shall be issued and served in the <br /> same manner and form as provided in this Chapter for a violation citation,but will not <br /> include a description of the corrective action necessary to eliminate the violation or a date <br /> by which the corrective action must be completed. The repeat violator citation will notify <br /> the person receiving the citation that due to the repeat nature of their violations, the City <br /> will be seeking an order from the violations hearing examiner, at the date and time set <br /> forth in the citation, granting any and all relief to which the City is entitled under this <br /> Chapter. <br /> D. An "emergency" means a situation which in the opinion of a code compliance officer <br /> requires immediate action to prevent or eliminate an immediate threat to the health or <br /> safety of persons or property. Notwithstanding any provision in this Chapter,when a <br /> violation citation is issued in the case of an emergency, immediate action shall be <br /> required by the person(s)to whom the violation citation is issued. No action shall be <br /> stayed pending the filing of an appeal. If the City does not obtain immediate action by the <br /> responsible person upon issuance of the violation citation, the City is authorized to <br /> immediately abate the violation itself or as otherwise provided herein. Notwithstanding <br /> the exercise of emergency authority, the City is entitled to collect its cost of abatement, <br /> assess penalties and take all actions provided in this Chapter. <br /> Section 6: Ordinance No. 1383-87, as amended(Chapter 1.20 EMC) is hereby amended <br /> by the addition of the following section: <br /> Hearings. <br /> A. Hearings on violation citations and repeat violator citations shall be presided over by <br /> a violations hearing examiner as provided in this Chapter. <br /> B. Code compliance officers may present their testimony by affidavit,but must be <br /> present for purposes of cross-examination. <br /> 12 <br />