When an infraction is of a continuous nature, unless otherwise specifically provided, a separate infraction shall be deemed to occur on each calendar day the infraction continues to exist.
(Ord. 12-01 §1)
A. 
Failure to comply with a judicial order to abate an infraction or pay a civil penalty or court costs imposed within the time allowed for abatement or payment shall constitute a Class 1 civil infraction.
B. 
Failure to comply with an administrative order to abate an infraction or to pay an administrative fee or statement of administrative or abatement costs within the time allowed for such abatement or payment in a notice of assessment shall constitute a Class 1 civil infraction.
C. 
Failure to comply with a judgment order, an order to abate or a notice of assessment is a continuous infraction and a separate infraction will be deemed to occur each calendar day the failure to comply infraction continues to exist past the time allowed in the judgment order.
(Ord. 12-01 §1)
Any civil penalty, administrative fees or costs assessed shall be paid no later than 30 days after the final order or the date of notice. Such period may be extended by the code enforcement officer for the administration process or upon order of the hearings officer.
(Ord. 12-01 §1)
The civil penalty or administrative fee to be assessed for a specific infraction shall be as follows:
A. 
For Class 1 infractions:
1. 
An amount not to exceed $250 per day under either the judicial or the administrative enforcement process; or
2. 
Under the administrative enforcement process, an amount:
a. 
Computed in a manner established by administrative rule pursuant to Section 1.16.105,
b. 
For the entire period the violation exists and not for each day of the violation; or
3. 
For the specific urban forestry violations listed in Section 8.02.030.F, an amount remitted into the Urban Forestry Fund for tree planting and early establishment:
a. 
Not less than $250 per unlawfully removed tree and not more than the city's cost to plant and maintain for three years an equivalent number of 1½ inch caliper trees with a combined caliper equal to the DBH of each unlawfully removed tree,
b. 
Not less than $250 and not more than $500 for damaging, moving or removing a tree protection fence,
c. 
Not less than $250 and not more than $500 for each failure to provide inspection reports by the project arborist or landscape architect.
B. 
For Class 2 infractions, an amount not to exceed $150 per day.
C. 
For Class 3 infractions, an amount not to exceed $50 per day.
(Ord. 12-01 §1; Ord. 12-11 §1)
The maximum amounts of the civil penalties and administrative fees set forth in Sections 1.16.640.A.1, 1.16.640.B and 1.16.640.C shall be doubled in the event that the respondent is found in violation of a second and similar violation within 24 months of the initial violation and quadrupled in the event of a third or subsequent repetition within 24 months of the initial violation.
(Ord. 12-01 §1)
The code enforcement officer is authorized to reduce the amount of a civil penalty that could be imposed or the amount of an administrative fee if compliance has been achieved and the amount is to be paid in full on or before the time and date of the first appearance in court or before the timeline set out in a letter of complaint or an order to abate.
(Ord. 12-01 §1)
A. 
Upon a finding by the civil infractions hearings officer that an infraction was committed by the respondent, the civil infractions hearings officer may assess a civil penalty pursuant to Sections 1.16.600 through 1.16.650, plus costs.
B. 
Upon a finding by the code enforcement officer that an infraction was committed by the respondent and if, within the time allowed in an order to abate, the infraction has not been abated by the responsible party, the code enforcement officer may assess an administrative fee pursuant to Sections 1.16.600 through 1.16.650, plus costs.
C. 
For abatement of a violation by the city by judicial process pursuant to Section 1.16.340 or administrative process pursuant to Section 1.16.430, the code enforcement officer shall keep an accurate record of the costs incurred by the city in abating the violation. The total amount of these charges will be assessed against the responsible party as the cost of abatement.
(Ord. 12-01 §1)
Upon the assessment of administrative fees or costs pursuant to Section 1.16.680, the code enforcement officer shall forward to all persons responsible for the violation a notice of assessment stating:
A. 
The total administrative fees and costs, if any, assessed for the violation;
B. 
That the total amount of the fees and costs as indicated will be assessed to and become a lien against the property of persons responsible for the violation unless paid within 30 days from the date of the notice;
C. 
That any responsible party for the fees and costs may file a written notice of objection to the amount of the fees and costs with the code enforcement officer not more than 10 days from the date of the notice.
(Ord. 12-01 §1)
If an objection to an administrative fee or costs is filed as provided in Section 1.16.690, the code enforcement officer shall, within 10 days, cause a hearing to be scheduled to be held within 30 days before the civil infractions hearings officer. The civil infractions hearing officer shall hear the objection and determine the amount of the fee and costs to be assessed including the costs to the city of responding to the objection if the city's position is sustained.
(Ord. 12-01 §1)
A. 
When a judgment is rendered by the hearings officer in favor of the city for the sum of $100 or more, exclusive of costs, the code enforcement officer shall, at any time thereafter while the judgment is enforceable, file with the city finance officer a certified transcript of all those entries made in the docket of the hearings officer with respect to the action in which the judgment was entered.
B. 
An assessment of the administrative fees and costs as stated in the notice of assessment shall be made if:
1. 
No objection to administrative fees and costs is filed as provided in Section 1.16.700; or
2. 
Fees or costs remain applicable following a hearing on an objection and the fees and costs are not paid within 30 days from the date of the notice or the date of the hearing order.
C. 
The code enforcement officer shall file with the city finance officer a certified statement of the total fees and costs due.
D. 
Upon receiving the statement of total fees and costs due or the certified transcript, the city finance officer shall enter that total on the city's lien docket.
E. 
The city may bring legal action to collect any civil penalties, fees, costs or interest provided for in this chapter. The city may also use a professional collection agency, or cause the full amount of civil penalties, fees, costs or interest owed to be entered into the city's lien docket and, from the time of entry on the city's lien docket it shall constitute a lien upon property of all persons responsible for the violation.
F. 
A lien shall bear interest at the rate of nine percent per year. Such interest shall commence to run from date of the entry of the lien in the lien docket.
G. 
An error in the name of any person to whom notice is sent shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against property of the responsible party for the violation.
H. 
The finance officer shall file the statement of total fees and costs due or the transcript of the court judgment with the Washington County Clerk for entry in the judgment docket of the circuit court. All costs associated with the filing of the transcript shall be added to the amount of the statement.
(Ord. 12-01 §1)