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10.70.060 Civil Penalties

(Amended by Ordinance No. 189413, effective March 6, 2019.)  Violations of this Title may result in any of the following penalties:

A.  Civil Penalties.

1.  For each violation, a civil penalty may be assessed of up to $1,000 per day.  Each day a violation exists shall be considered a separate violation.

2.  The Director shall consider the following criteria in determining the amount of any civil penalty to be assessed under this Section:

a.  The nature and extent of the person’s involvement in the violation;

b.  The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;

c.  Whether the violation was isolated and temporary, or repeated and continuous;

d.  The magnitude and seriousness of the violation;

e.  The City’s costs of investigation and remedying the violation;

f.  Whether any criminal charges have been issued against the person; and

g.  Any relevant, applicable evidence bearing on the nature and seriousness of the violation.

B.  Administrative Enforcement Fees.

1.  The Director may charge a penalty in the form of a monthly enforcement fee for each project found in violation of this Title that meets the following conditions:

a.  The project is subject to a notice of violation or stop work order as described in Sections 10.70.020 and 10.70.030;

b.  A response period of 30 days has passed since the effective date of the notice of violation or stop work order; and

c.  The project remains out of compliance with the initial notice of violation or stop work order or any subsequent notice of violation or stop work order.

2.  The amount of the monthly enforcement fee shall be:

a.  For projects with development in an Environmental Overlay Zone: $800.00

b.  For all other projects: $400.00

If all violations are not corrected within six months from the date of the initial notice of violation, subsequent enforcement fees shall be twice the amount stated above.

3.  Once the monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected, inspected and approved.

4.  Whenever the responsible party believes that all violations listed in the first or any subsequent notice of violation have been corrected, they shall notify the Director.  Upon receipt of such notice, the Director shall promptly schedule an inspection of the project and shall notify the responsible party if any violations remain uncorrected.

5.  When a project meets the conditions for charging an enforcement fee as described in this Section, the Director shall file a statement with the Revenue Division that identifies the property, the amount of the monthly fee, and the date from which the charges are to begin.  The Revenue Division shall then:

a.  Notify the responsible party of the assessment of enforcement fees;

b.  Record a property lien in the Docket of City Liens; and,

c.  Bill the responsible party monthly for the full amount of the enforcement fees owing, plus additional charges to cover the administrative costs of the Revenue Division; and

d.  Maintain lien records until:

(1)  The lien and all associated interest, penalties, and costs are paid in full; and

(2)  The Director certifies that all violations listed in the first or any subsequent notice of violation have been corrected.