The article provides for administrative penalties for any continuing violation of this Code. Administrative penalties may be pursued in lieu of any other legal remedy, criminal or civil, which may be pursued by the City to address any violation of this Code. The City Attorney, or his or her assistants, have sole discretion to determine whether a violation will be prosecuted criminally. If a violation is not criminally prosecuted, the City may proceed with administrative proceedings pursuant to this Chapter.
(Ord. 00-14 8-29-00)
Whenever an Enforcement Official determines that there exists a continuing violation of any provision of this Code that is subject to this Chapter, the Enforcement Official may issue a written Compliance Order to any Responsible Person.
(Ord. 00-14 8-29-00)
A Compliance Order shall contain all of the following information:
(a) 
The date and location of the violation and the approximate time the violation occurred.
(b) 
The Municipal Code section violated and a description of how the section was violated.
(c) 
The action required to correct the violation and the date by which such action must be completed. The date for compliance shall not be less than thirty days from the date the Compliance Order is served.
(d) 
The consequences of failing to correct the violation, including a description of the administrative hearing procedure and appeal process.
(e) 
The time period after which administrative penalties will begin to accrue if there is no compliance with the order.
(f) 
The amount of penalty that will be imposed if there is no compliance with the order.
(Ord. 00-14 8-29-00)
The Enforcement Official may serve, or cause to be served, a Compliance Order, as follows:
A. 
Except for an initial Notice of Violation, whenever a notice is required to be given under this Code for enforcement purposes, the notice shall be served by any of the following methods unless different provisions are otherwise specifically stated to apply:
1. 
Personal service; or
2. 
Certified mail, postage prepaid, return receipt requested. Simultaneously, the same notice may be sent by regular mail. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail, provided the notice that was sent is not returned; or
3. 
Posting the notice conspicuously on or in front of the property. The form of the post notice shall be approved by the Administrative Officer or designee.
4. 
Service by certified or regular mail in the manner described above shall be effective on the date of mailing.
5. 
The failure of any person with an interest in the property to receive any notice served in accordance with this Section shall not affect the validity of any proceedings taken under this Code.
6. 
The notice requirements in this Section do not apply to initial Notices of Violation which may be sent by regular mail. Service of a Notice by regular mail is effective on the date of mailing.
(Ord. 00-14 8-29-00)
If the Code Compliance Administrator determines that all violations specified in the Compliance Order have been corrected within the time set forth in the Order, no further action shall be taken against the Responsible Person regarding the violation(s).
(Ord. 00-14 8-29-00)
If the Responsible Person fails to fully comply with the Compliance Order within the time specified therein, the City shall conduct an administrative hearing regarding the violation(s). The Code Compliance Administrator or designee shall cause a written Notice of Hearing to be served on the Responsible Person in the manner applicable pursuant to Section 1-34.
(Ord. 00-14 8-29-00)
The Notice of Hearing shall contain the date, time, and place of the hearing. The hearing shall be set for a date not less than fifteen days nor more than sixty days after the date the Notice of Hearing is served on the Responsible Person.
(Ord. 00-14 8-29-00)
The Responsible Person may request one continuance of the hearing, but in no event may the hearing begin later than thirty days after the date set in the Notice of Hearing upon the Responsible Person.
(Ord. 00-14 8-29-00)
(a) 
If the Responsible Person receiving the Notice of Hearing is a first-time violator who has not received a previous Compliance Order for the same violation; the Code Compliance Administrator or designee shall select an Administrative Hearing Officer pursuant to Sections 1-42 through 1-46.
(b) 
If the Responsible Person receiving the Notice of Hearing has received a previous Compliance Order for the same violation within the last year, and the previous order was found by an administrative hearing officer, to have been violated, the Code Compliance Administrator or designee shall refer the violation to the Administrative Hearing Board; as is constituted pursuant to Section 1-40; for a hearing pursuant to Sections 1-42 through 1-45.
(Ord. 00-14 8-29-00)
The Code Compliance Administrator shall select an Administrative Hearing Officer, such Officer may be, without limitation, a member of the staff of the department which issued the Compliance Order. However, in no event shall the person who issued the Compliance Order review his or her own order.
(Ord. 00-14 8-29-00)
The Administrator shall appoint a five-member Administrative Hearing Board, consisting of City staff members and/or residents of the City, to serve each calendar year. The Administrative Hearing Board shall conduct hearings as necessary on Compliance Orders issued to Responsible Persons who were issued at least one Compliance Order for the same violation within the last year, and who were subsequently found to have violated the provisions of the Compliance Order.
(Ord. 00-14 8-29-00)
Being that an administrative hearing is informal, formal rules of evidence and discovery do not apply. Each party shall have the opportunity to present evidence in support of his/her case and to cross-examine witnesses. The City bears the burden of proof at an administrative hearing to establish a violation of this Code. The Administrative Hearing Officer or Board, whichever the case may be, must use preponderance of evidence as the standard of evidence in deciding all issues of fact.
(Ord. 00-14 8-29-00)
If the Responsible Person fails to attend the scheduled hearing, the hearing will proceed without the Responsible Person, and he/she will be deemed to have waived his/her right to present evidence and/or cross-examine witnesses. Notwithstanding this waiver and time limits set forth in Section 1-37, if service of the Notice of Hearing is made by posting the order on real property within the City in which the Responsible Person has a legal interest, and the Responsible Person provides verifiable and substantial evidence that removal of the Notice of Hearing from the property by a third party caused the Responsible Person's failure to attend the scheduled hearing, the Responsible Person shall be entitled to an additional administrative hearing.
(Ord. 00-14 8-29-00)
(a) 
The Administrative Hearing Officer or Board, whichever the case may be, shall issue a written decision entitled "Administrative Order" no later than thirty days after the date on which the administrative hearing concludes. The Administrative Order shall be served upon the Responsible Person by the applicable method set forth in Section 1-34. The Administrative Hearing Officer's or Board's order shall contain findings regarding the existence of the violation(s) specified in the Compliance Order, and, the failure of the Responsible Party to cure the alleged violations within the time period set forth in the Compliance Order. If the Administrative Hearing Officer or Board concludes that the violation(s) continue to exist, the Administrative Order shall set forth a schedule for correction. If the Administrative Hearing Officer or Board determines that the violation(s) set forth in the Compliance Order did not exist, or that the violation(s) was timely corrected, all proceedings regarding the violation(s) shall immediately cease.
(b) 
The Administrative Order shall impose administrative penalties as provided in Section 1-45, and administrative costs as provided in Section 1-46.
(c) 
The Administrative Order shall become final on the date of service, and shall notify the Responsible Person of his or her right to appeal as provided in Section 1-47. The Administrative Order shall set a deadline for compliance with its terms in the event that the Responsible Person fails to file an appeal.
(Ord. 00-14 8-29-00)
(a) 
The Administrative Hearing Officer or Board shall assess against the Responsible Person an administrative penalty for any violation found to exist, and not timely corrected. The penalty shall be in the amount set forth in the Administrative Citation schedule adopted by resolution of the City Council for each particular violation. Because a new and separate offense occurs each day during which a violation of any provision or requirement of this Code is committed, the Administrative Hearing Officer or Board may further assess a penalty in the amount set forth in the Administrative Citation Schedule for each day from the date the Compliance Order was issued until the date the violation is corrected as determined by the Code Compliance Administrator or designee. The Administrative Order shall specify the date by which the penalty must be paid.
(b) 
Administrative penalties assessed by the Administrative Hearing Officer or Board are a debt owed to the City.
(c) 
If the Responsible Person provides written notice to the Code Compliance Administrator or designee that the violation has been corrected, and if the Code Compliance Administrator or designee finds compliance, the Code Compliance Administrator or designee shall deem the date the written notice was postmarked or personally delivered to the Code Compliance Administrator or designee to be the date the violation was corrected. If, however, a final inspection confirmed compliance before mailing or personal delivery of a written notice, or if no written notice is provided, the date of final inspection shall be deemed to be the date the violation was corrected.
(Ord. 00-14 8-29-00)
In addition to administrative penalties assessed pursuant to Section 1.45, the Administrative Hearing Officer or Board may assess against the Responsible Person administrative costs for any violation found to exist, and was not timely corrected. Administrative costs which may be assessed may include any and all costs incurred by the City in connection with prosecuting the violation, along with all costs of investigation, staffing costs in preparation for, and conduct of the administrative hearing and the cost for all inspections necessary to enforce the Compliance Order and the Administrative Order. The Administrative Order shall specify the date by which the costs must be paid to the City.
(Ord. 00-14 8-29-00)
Within twenty days after service of the Administrative Order upon the Responsible Person, he/she may seek review of the Administrative Order by filing a notice of appeal with a court of applicable jurisdiction. The Responsible Person shall serve upon the City Clerk either in person or by first class mail a copy of the notice of appeal. If the Responsible Person fails to timely file a notice of appeal, the Administrative Order shall be deemed confirmed.
(Ord. 00-14 8-29-00)
Failure to comply with an Administrative Order after it becomes final is a misdemeanor. Filing a criminal misdemeanor action does not preclude the City from using any other legal remedy available to gain compliance with the Administrative Order.
(Ord. 00-14 8-29-00)