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3.30.040 Administration and Enforcement.

(Amended by Ordinance Nos. 175327, 176955, 183793, 186564 and 186736, effective August 29, 2014.)  In order to carry out the duties as set forth in Section 3.30.010, the Director of the Bureau of Development Services may:

A.  Adopt, amend and repeal administrative rules, policies, procedures and forms for the enforcement of applicable Code provisions and laws. 

B.  Establish enforcement fees or penalties for non-compliance. 

C.  Establish enforcement priorities based on the number of budgeted enforcement personnel, public safety and welfare factors, and any priorities established by City Council.

D.  Gain compliance by:

1.  Instituting an action before the Code Hearings Officer in the manner provided for by Title 22 of this Code.

2.  Causing appropriate action to be instituted in a court of competent jurisdiction.

3.  Issuing a code violation citation directly to the contractor or person responsible for carrying out the work.  Any person receiving a citation for violating the provisions of the City Code administered by the Bureau of Development Services shall be subject to a fine of up to $1,000 for each citation issued.

4.  Taking other lawful action.

5.  Revoking a Type B home occupation permit for failure to comply with the regulations of City Code Chapter 33.203 or revoking a Type A accessory short-term rental permit for failure to comply with the regulations of City Code Chapter 33.207 by using the following procedures:

a.  If the Director determines that cause for revocation of a permit exists, the Director shall provide written notice thereof to the permittee.  The notice shall contain a brief description of the facts supporting the revocation, the date the revocation shall become final and a notice of the permittee's right to appeal the revocation.

b.  The notice shall be mailed by certified mail, return receipt requested, and regular mail to the permittee.  The notice shall be effective upon three days after mailing.

c.  The revocation shall become final and effective ten days after the notice is effective, unless an appeal is filed.

d.  Any permittee whose permit has been revoked may appeal the revocation to the Code Hearings Officer pursuant to the provisions of City Code Chapter 22.10.  The filing of an appeal shall stay the effective date of the revocation until the appeal is determined in a final decision by the Code Hearings Officer.

E.  Impose fees or penalties for non-compliance, provide notification, and allow for appeals by:

1.  Initiating the notification procedures provided in Section 29.60.050.

2.  Imposing monthly enforcement fees or penalties for each property that meets the following conditions:

a.  The property is the subject of a notice of violation by the Bureau of Development Services; and

b.  A response period of 30 days has passed since the effective date of the initial notice of violation; and

c.  The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.

3.   Doubling the penalties if the violations are not corrected within three months from the initial notice of violation.

4.  Imposing an additional penalty as set forth in the Enforcement Fee and Penalty Schedule against any property for which a code enforcement proceeding is initiated before the Code Hearings Officer pursuant to the provisions of Title 22 of this Code.

5.  All required fees or penalties are listed in the Enforcement Fee and Penalty Schedule adopted by City Council.  Fees or penalties may be updated annually or on an as needed basis.  The approved Enforcement Fee and Penalty Schedule will be available at the Bureau of Development Services Center and on the bureau’s Web site.

6.  When a property meets the conditions for charging any Council approved fee or penalty for noncompliance, the Director shall file a statement with the City Auditor identifying the property, the amount of the fee or penalty and the date upon which the charge should be assessed.  The City Auditor shall notify the property owner of the amount of the assessed fees and penalties, and a 10 percent City Auditor charge.  The City Auditor shall record the total amount as a lien in the Docket of City Liens.  The City Auditor shall maintain the lien record until the lien and all associated interest and costs are paid in full, and the Director certifies that all violations listed in the original or subsequent notice of violation have been corrected.

7.  Providing for administrative procedures as set forth in Subsections 29.70.010 C. through E.

8.  Providing for administrative review and the opportunity for appeal to the Code Hearings Officer as set forth in Section 29.80.010.

9.  Allowing exceptions as provided in Section 29.60.100.