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Ordinance 2916-06
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Ordinance 2916-06
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11/2/2015 4:05:56 PM
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Ordinances
Ordinance Number
2916-06
Date
6/14/2006
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D. If a person is a repeat violator as defined in subsection C 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 />E. 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 />Be and the same is hereby amended to read as follows: <br />Monetary Penalties. <br />A. Joint and several liability. More than one person, firm, corporation, association or <br />agent therefor may be found responsible for a single violation. The violations hearing <br />examiner may impose a monetary penatly for each violation as a joint and several <br />penalty, or individually. <br />B. Minimum penalties. The monetary penalty for each initial violation shall not exceed <br />five hundred dollars individual or five hundred dollars joint and severally, unless the <br />violator is a repeat violator as defined in this section, in which case the monetary penalty <br />for each repeat violation shall not be less than five hundred dollars nor exceed one <br />thousand dollars. The violations hearing examiner, in addition to penalties for each <br />repeat violation, may impose a fine against the repeat violator in an amount not to exceed <br />five hundred dollars. <br />C. Duty to correct/abate notwithstanding imposition of penalties. Payment of a <br />monetary penalty pursuant to this chapter does not relieve the person to whom the <br />violation citation was issued of the duty to correct the violation or preclude the city from <br />taking action to abate the situation as provided herein. <br />D. Payment of penalties — collections, assessment liens. 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 calendar days of the <br />effective date of the violations hearing examiner's order. The city is authorized to take <br />action to collect the monetary penalty, including filing civil actions or turning the matter <br />over to collection, in which case costs incurred by the city as a result of the collection <br />process will be assessed in addition to the monetary penalty. In addition, the city can also <br />11 <br />
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