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Ordinance 2221-97
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Ordinance 2221-97
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Ordinances
Ordinance Number
2221-97
Date
5/28/1997
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• <br /> monetary penalty imposed to the City or appeal the notice to <br /> the violations hearing examiner; and <br /> 8 . The deadline for which an appeal must be filed; and <br /> 9. Penalties for noncompliance. <br /> B. A person to whom the notice of violation is issued may appeal <br /> the notice by filing a written notice of appeal with the <br /> Department of Planning and Community Development within ten (10) <br /> calendar days of the date the notice is placed in the mail by the <br /> City, or within ten (10) calendar days from the date the notice <br /> is posted conspicuously on the property or within ten (10) <br /> calendar days from the date the notice is personally served. <br /> Notice of the hearing will be sent by mail, posted on the site, <br /> or served in person no less than five (5) calendar days before <br /> the time fixed for the hearing. Failure to timely appeal the <br /> notice of violation to the examiner as provided herein shall <br /> result in the notice of violation becoming final and will result <br /> in the waiver of the right to a hearing before the examiner and <br /> any subsequent appeals in the matter. <br /> C. Prior to the issuance of the notice of violation or in lieu <br /> thereof, when the City determines that a violation of an <br /> ordinance has occurred, the City may enter into a voluntary <br /> correction agreement wherein the person (s) responsible for the <br /> violation agrees to abate the violation within a specified time <br /> and according to specified conditions . The agreement shall <br /> contain substantially the following information: <br /> 1 . The name and address of the person responsible for the <br /> violation; and <br /> 2 . The street address or a description sufficient for <br /> identification of the building, structure, premises, or land <br /> upon or within which the violation has occurred or is <br /> occurring; and <br /> 3 . A description of the violation and a reference to the <br /> regulation which has been violated; and <br /> 4 . The necessary corrective action to be taken, and a date <br /> or time by which correction must be completed; and <br /> 5. An agreement by the person responsible for the violation <br /> that the City may inspect the premises as may be necessary <br /> to determine compliance with the voluntary correction <br /> agreement; and <br /> 6 . An agreement by the person responsible for the violation <br /> that the City may abate the violation and recover its costs <br /> and expenses and/or assess a monetary penalty if the terms <br /> of the voluntary correction agreement are not met; and <br /> 7 . An agreement that by entering in to the voluntary <br /> correction agreement, the person responsible for the <br /> violation waives the right to a hearing before the examiner <br /> 3 <br />
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