Ordinance 2221-97 - Laserfiche WebLink

The monetary penalty for each violation per day or portion thereof shall be one hundred dollars ($100) . For repeat violation, the penalty shall be five hundred dollars ($500) per day or portion thereof. Payment of a monetary penalty pursuant to this Chapter does not relieve the person to whom the notice of violation or voluntary correction agreement was issued, the duty to correct the violation or preclude the City from taking action to abate the situation as provided herein. The monetary penalty constitutes an obligation of the person (s) to whom the notice of violation or voluntary correction agreement is issued. Any monetary penalty assessed must be paid to the City within fifteen (15) calendar days of the effective date of the notice of violation or within fifteen (15) calendar days from the date that notification of noncompliance with the voluntary correction agreement is mailed or otherwise served. The City is authorized to take action to collect the monetary penalty including filing civil actions or turning the matter over to collection in which case costs incurred by the City as a result of the collection process will be assessed in addition to the monetary penalty. In addition, the City can also incorporate any outstanding penalty into an assessment lien when the City incurs costs in abating the violation. The code compliance officers and/or the hearing examiner have the authority to assess the monetary penalty accordingly: 1- assess penalties beginning on the date the notice of violation was issued and thereafter; 2- assess penalties beginning on the correction date; 3- assess less than the established penalty based on the following criteria: (a) whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation; (b) whether the violation was a repeat violation and/or whether the person has a history of similar violations; (c) whether the person showed due diligence and/or substantial progress in correcting the violation; (d) whether a genuine code interpretation issue exists; and; (e) mitigating circumstances . B. Repeat Violation. No person responsible for a violation pursuant to this Chapter who has complied with a notice of violation or voluntary correction agreement or who has failed to comply resulting in the City abating the violation pursuant to the provisions of this Chapter shall repeat a violation. To "repeat a violation" means to commit a violation of the same regulation by the same person for which a notice of violation or voluntary correction agreement 15