A. 
The administrative compliance order process provided for in this chapter shall be in addition to any other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or an ordinance of the City.
B. 
Use of the administrative compliance order process shall be at the sole discretion of the City.
(Ord. 2018-02, 2018)
A. 
Whenever an enforcement officer, as defined by CMC § 18.04.050, determines that a violation of any provision of this code or City ordinance has occurred, is occurring, or exists, the enforcement officer may issue a written compliance order to any person responsible for the violation or one holding themselves out as being in charge of an entity or individual engaging in the violation.
B. 
A compliance order issued pursuant to this chapter shall contain the following information:
1. 
The date of the violation;
2. 
The address or description of the location where the violation occurred;
3. 
Reference to the provision of this code or ordinance that was violated and a description of the circumstances pertaining to the violation;
4. 
The actions required to correct the violation;
5. 
The time period after which administrative penalties will begin to accrue if compliance with the order has not been achieved;
6. 
The penalty related to the violation, if compliance is not achieved;
7. 
The name and signature of the citing enforcement officer; and
8. 
Either a copy of this chapter or an explanation of the consequences of noncompliance with this chapter and a description of the hearing procedure and appeal process.
(Ord. 2018-02, 2018)
A. 
In the event that the enforcement officer determines that each violation has been corrected within the time specified in the compliance order, no further action shall be taken.
B. 
In the event that full compliance as to each violation is not achieved within the time specified in the compliance order, the enforcement officer shall advise the presiding officer of the Hearing Officer Panel. The presiding officer of the Hearing Officer Panel shall, by random lot, designate one member of that Hearing Officer Panel to be the hearing officer for the compliance order hearing. Should that hearing officer be unable to conduct the hearing, or should that hearing officer be disqualified for cause, the presiding officer shall, by random lot, designate a successor from that Hearing Officer Panel.
C. 
The hearing officer shall ensure that the notice provisions of this section have been followed. Notice of the hearing shall be given at least 10 days prior to the date of the hearing. The hearing officer shall have sole discretion to grant any request for continuance of the hearing.
(Ord. 2018-02, 2018)
A. 
At the place and time set forth in the notice of compliance hearing, the hearing officer shall conduct a hearing on the compliance order issued pursuant to CMC § 18.04.160, in accord with rules and procedures as may be promulgated by the Hearing Officer Panel.
B. 
The hearing officer shall consider written or oral evidence in accord with rules and procedures set by the Hearing Officer Panel pursuant to this section. Evidence regarding the alleged violation or compliance actions may be presented by any party, including the alleged violator, the owner or occupant of any real property affected by the alleged violation, and the City. The failure of any party to appear at the hearing shall constitute a failure to exhaust his or her administrative remedies.
C. 
The compliance order and any additional report submitted by the enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. The report on the alleged violation shall set forth a detailed recommendation as to relevant findings and conclusions that flow from the facts presented and a recommended decision based upon those findings and conclusions. This report shall meet the standards for administrative findings set forth in Topanga Assn. for a Scenic Community v. County of Los Angeles, 11 Cal.3d.506 (1974).
D. 
The hearing officer may question witnesses and/or request additional information from the enforcement officer or any party prior to closing the hearing.
E. 
Within a reasonable time following the conclusion of the hearing, the hearing officer shall make findings and issue a determination, as to each alleged violation, regarding:
1. 
The existence of the violation;
2. 
The identity of each responsible party;
3. 
The failure of the responsible party to take required corrective action within the required time period.
Findings shall be supported by substantial evidence received at the hearing.
F. 
In the event that the hearing officer finds by a preponderance of the evidence that a violation has occurred, and that the violation was not corrected within the time period specified in the compliance order, the hearing officer shall issue an administrative order in accord with CMC § 18.04.190.
G. 
In the event that the hearing officer finds that no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the hearing officer shall issue a finding as to those facts.
(Ord. 2018-02, 2018)
In the event that the hearing officer determines that a violation occurred, which was not corrected within the time period specified in the compliance order, he or she shall issue an administrative order that imposes any or all of the following:
A. 
An order to correct each violation, including a schedule for correction where appropriate;
B. 
Administrative penalties as provided in CMC § 18.04.200; and
C. 
Administrative costs as provided in CMC § 18.04.210.
(Ord. 2018-02, 2018)
A. 
The hearing officer shall be authorized to impose administrative penalties for the violation of any provision of this code or ordinance in an amount not to exceed a maximum of $2,500 per day for each continuing violation, except that the total administrative penalty shall not exceed $100,000, exclusive of administrative costs, interest and restitution for compliance reinspections for any related series of violations.
B. 
In determining the amount of the administrative penalty, the hearing officer may take any or all of the following factors into consideration:
1. 
The duration of the violation;
2. 
The frequency, recurrence and number of violations, related or unrelated, by the same violator;
3. 
The seriousness of the violation;
4. 
The effect the violation may have upon adjoining properties;
5. 
The good faith efforts of the violator to come into compliance;
6. 
The economic impact of the penalty on the violator; and/or
7. 
The impact of the violation on the community.
(Ord. 2018-02, 2018)
A. 
The hearing officer shall access reasonable and necessary administrative costs against the violator when it finds that a violation has occurred, or that compliance has not been achieved within the time specified in the compliance order.
B. 
The hearing officer may assess reasonable and necessary administrative costs against the City when he or she finds that a violation has not occurred.
C. 
The administrative costs may include reasonable and necessary costs incurred in connection with the matter before the hearing officer including, but not limited to, costs of investigation, costs incurred to prepare for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order.
D. 
The hearing officer may waive the assessment of administrative costs against either party, where unique circumstances are present, or in the interests of justice.
(Ord. 2018-02, 2018)
A. 
Any person who fails to comply with an administrative order issued in accord with this chapter, or to pay to the City any amount due pursuant to the provisions of this chapter, on or before the date that fine is due also shall be liable for the payment of any applicable late payment charges set forth in the schedule of fines. The City may collect any past due administrative citation fine or late payment charge by use of all available legal means, including recordation of a lien pursuant to CMC § 18.04.260 through 18.04.290.
B. 
Any failure to comply with an administrative order issued in accord with this chapter, or to pay to the City any amount imposed pursuant to the provisions of this chapter on or before the date that fine is due, shall be deemed a violation of this section enforceable pursuant to the provisions of CMC § 18.04.280.
C. 
Any failure to pay the amount imposed pursuant to the provisions of this chapter shall also be enforced as:
1. 
A personal obligation of the violator; and
2. 
If the violation is in connection with real property, a lien upon the real property. The lien shall remain in effect until all of the administrative penalties, interest, and administrative costs are paid in full.
(Ord. 2018-02, 2018)
Any person aggrieved by an administrative order may obtain review of the administrative order in the Superior Court by filing with the court a petition for review pursuant to CMC § 18.04.140.
(Ord. 2018-02, 2018)
If the City Administrator determines that compliance has been achieved after a compliance order has been sustained by the hearing officer, the City Administrator shall file a report with the Hearing Officer Panel indicating that compliance has been achieved.
(Ord. 2018-02, 2018)
A. 
In the event that the City Administrator does not file a report pursuant to CMC § 18.04.240, any person who believes that compliance has been achieved may request a compliance hearing before the hearing officer by filing a request for a hearing with the presiding officer of the Hearing Panel, together with full payment of the compliance dispute hearing fee set by the Council.
B. 
A hearing on the compliance dispute shall be noticed in accordance with CMC § 18.04.170.
C. 
The hearing officer shall determine if compliance has been achieved and, if so, when it was achieved.
(Ord. 2018-02, 2018)