Ordinance 2016-485 - Laserfiche WebLink

Home Browse Search

§ 14-8. Civil penalties; continued and repeat violations. G. Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made, and compliance is obtained or until a request for administrative hearing is filed, whichever comes first. If the named violator requests an administrative hearing and loses his appeal, the Special Master Magistrate shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth herein. If correction is not made within the period set by the Special Master Magistrate, continuing violation penalties shall begin to accrue after the time allowed for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the Code Inspector. Continuing violation penalties cannot be imposed by the hearing officer for uncorrectable violations. H. Civil penalties assessed pursuant to this chapter by the Special Master Magistrate are due and payable to the City at the close of the hearing and shall become delinquent if not paid within 10 days after notice to the violator of the Special Master Magistrate's decision itemizing the civil penalties. If a proper appeal of the Special Master Magistrate's decision is made, the civil penalties assessed pursuant to this chapter by the Special Master Maeistrate are due and payable to the City when the appeal has been finally decided adversely against the named violator. § 14-9. Rights of violators; payment of fine; right to appeal; failure to pay and correct or to appeal. A. A violator who has been served with a civil violation notice shall elect to: (1) Pay the civil penalty in the manner and within the time indicated on the civil violation notice and correct the violation within the time specified on the civil violation notice; or (2)Request an administrative hearing before a Special Master Magistrate to appeal the decision of the Code Enforcement Officer that resulted in the issuance of the civil violation notice C. If the named violator, after notice, fails to pay the civil penalty and correct the violation within the time specified, or to timely request an administrative hearing before a Special Master Magistrate, the Director shall be informed of such failure by affidavit from the Code Enforcement Officer. Failure of the named violator to appeal the decision of the Code Enforcement Officer within the prescribed time period shall constitute a waiver of the violator's right to administrative hearing before the Special Master Magistrate. A waiver of the right to administrative hearing shall be treated as an admission of the violation, and penalties may be assessed accordingly. 4 Words added underlined.words stele-ken deleted