Ordinance 2016-485 - Laserfiche WebLink

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a continuing violation shall be calculated from the date determined by the Special Master Magistrate to be a reasonable date for correction. M. If the named violator is found guilty of the violation, s/he shall be held liable for the reasonable cost of the administrative hearing cost of no less than $75. N. The fact-finding determination of the Special Master Magistrate shall be limited to whether or not the violation alleged occurred, and, if so, whether the person named in the civil violation notice may be held responsible for that violation. Based upon this fact- finding determination, the Special Master Magistrate shall either affirm or reverse the decision of the Code Enforcement Officer. If the Special Master Magistrate reverses the decision of the Code Enforcement Officer and finds the named violator not responsible for the Code violation in the alleged civil violation notice because the department did not present substantial competent evidence to indicate that such violator is responsible for the violation, then, and in that case,the named violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master Magistrate's findings pursuant to any circuit court appeals. O. The decision of the Special Master Magistrate affirming the decision of the Code Enforcement Officer shall include the following elements: (1) Amount of civil penalty. (a) Prescribed in the schedule of civil penalties as adopted herein. (b) Gravity of the violation. (c) Actions taken to correct said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master Magistrate may mitigate the amount of civil penalties assessed in an amount up to but not in excess of 50% of the total amount of civil penalty, not including administrative costs. Provided, however, in no case shall mitigation occur prior to satisfactory correction of the violation or other permanent disposition of the building or property that obviates the need for correction. The administrative costs of the hearing shall not be subject to mitigation at any time. (2) Administrative costs of the hearing, which shall represent the costs incurred by the City in preparation for the specific hearing, shall be no less than $75. (3) Date by which the violation must be corrected to prevent resumption of continuing violation penalties, if any. 7 Words added underlined.words stricken deleted