For the purposes of this chapter:
"Enforcement Officer"
means the Chief Building Official, City Code Enforcement
Officer, City Department Manager (to the extent responsible for enforcing
provisions of this code), or any other city employee designated by
this code or the City Manager to enforce a provision of this code.
(O2006 15)
A. Authority.
Whenever an Enforcement Officer determines a code violation has occurred
or exists, the Enforcement Officer has the authority to issue an administrative
citation to any responsible person.
B. If the code violation pertains to building, plumbing, electrical, mechanical, or other similar structural or zoning issues that do not create an immediate danger to health or safety, the Enforcement Officer shall provide for a reasonable period of time (through the issuance of a compliance order under Section
1.24.040) for the responsible person to correct or remedy the violation before imposing administrative fines or penalties.
C. Contents
of Citation. An administrative citation issued under this section
shall contain the following information:
1. The
section of the code violated;
2. A
description of the condition creating or constituting the violation;
3. The
date and location of the violation;
4. The
name of the responsible person to whom the administrative citation
is issued;
5. The
actions required to correct the violation, including an order to abate
the violation and prohibit the continuation or repeated occurrence
of the violation. This shall include an identification of the time
within which correction of the violation shall be commenced and completed;
6. The
name and signature of the Enforcement Officer issuing the administrative
citation;
7. The
date the administrative citation was issued;
8. The amount of all applicable fines and enforcement costs, which may include the requirement to pay a deposit pursuant to Section
1.24.070(B), or may include those amounts which could be imposed by the Hearing Officer under Section
1.24.090(A)(2);
9. A description of the process and timing for payment of fines and enforcement costs, which may include Section
1.16.050(D) and
(E);
10. A description of the administrative citation review process, including the time within which the administrative citation may be contested, the place from which to obtain a request for hearing form to contest the administrative citation, and the Hearing Officer's discretion to issue a decision pursuant to Section
1.24.090.
D. Dismissal
of an Administrative Citation. At any time before the hearing to contest
an administrative citation, if the Enforcement Officer determines
that there was no violation as charged in the administrative citation
or that the citation should be dismissed in the interest of justice,
the Enforcement Officer shall dismiss the administrative citation
and cancel the hearing. To the extent the Enforcement Officer determines
that a person is not responsible for some or all of a previously paid
administrative fine or fee, the Enforcement Officer shall refund the
appropriate amount. The Enforcement Officer shall notify the person
to whom the citation was issued in writing, and make a written notation
in the file explaining why the citation was dismissed and why any
fine or fee was refunded.
(O2006 15; O(2010) 18, 10/19/10)
A. Amount of Fine. Unless otherwise specified in this code or authorized by state law, or unless established by resolution of the City Council, the amount of the fine imposed for each code violation (as defined by Section
1.16.010) under this chapter shall be established as follows:
1. $100.00
for a first violation;
2. $200.00
for a second violation of the same code section within 12 months;
3. $500.00
for each day of each additional violation of the same code section
within 12 months;
4. $1,000.00
per day for each day of each violation of a provision of this code
specifically identified as a misdemeanor. For the purpose of this
chapter, a code violation which would otherwise be an infraction shall
be deemed a misdemeanor if, within any 12-month period, a person has
twice been determined by a Hearing Officer to be in violation of the
same code section;
5. The enforcement officer may impose an additional fine amount based on the criteria set forth in Subsection
1.24.090(A)(2);
6. The
fines set forth in this section shall apply to a code violation whether
or not the city issues an administrative citation or compliance order,
and whether the city seeks enforcement in an administrative or judicial
forum, or otherwise.
B. Amount of Enforcement Costs. In addition to the amount of any fine imposed pursuant to this section, a fee to cover enforcement costs may be imposed pursuant to Section
1.16.050.
C. Due
Date. All fines and fees for enforcement costs shall be due and paid
to the city within 30 days from the date of the administrative citation.
The Enforcement Officer may suspend the imposition of fines for any
period of time during which the responsible person has filed for necessary
permits, and such permits are required to achieve compliance, and
the responsible person is actively pursuing permit approval and full
compliance.
D. Further
Violations Not Excused. Payment of a fine under this section does
not excuse or discharge any continuation or repeated occurrence of
the code violation.
(O2006 15; O(2010) 18, 10/19/10)
A. A person
to whom an administrative citation is issued may request an administrative
hearing within 10 days of the issuance of the administrative citation.
Failure to timely request an administrative hearing in the manner
required by this chapter results in a final order, and constitutes
a waiver of the hearing and a failure to exhaust administrative remedies.
B. A request
for an administrative hearing shall be made in writing and filed with
the City Clerk, and shall state all grounds which the appellant wishes
the city to consider. The request shall be accompanied by a deposit
of the fines and enforcement costs identified in the administrative
citation. Provided, however, a deposit is not required to be paid
prior to the hearing if either: (1) the Enforcement Officer does not
identify the requirement to pay the deposit as a part of the administrative
citation or compliance order; or (2) the appellant establishes, to
the satisfaction of the City Manager, that the appellant is unable
to pay the amount of the deposit.
C. If the
Enforcement Officer determines that the code violation is of an ongoing
or recurring nature, the Enforcement Officer may cause a written notice
of administrative hearing to be served on any responsible person.
The Enforcement Officer's notice under this subsection may order the
responsible person to appear at the hearing and show cause why the
violations and conditions should not be immediately abated by the
responsible person at the responsible person's expense.
(O2006 15; O(2010) 18, 10/19/10)