Ordinance 98-21 - Laserfiche WebLink

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redetermination as to the time period being insufficient. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be calculated from the date determined by the Special Master to be a reasonable date for correction. (M) If the named Violator is found guilty of the violation, slhe may be held liable for the reasonable cost of the administrative hearing, at the discretion of the Special Master. (N) The fact-finding determination of the Special Master shall be limited to whether the violation alleged did occur, and, if so, whether the person named in the Notice of Violation may be held responsible for that violation. Based upon this fact-finding determination, the Special Master shall either affirm or reverse the decision of the Code Enforcement Officer as to the time for correction contained in the Notice of Violation, subject to the provisions of Subsection (L) hereinabove of this Ordinance. If the Special Master reverses the decision of the Code Enforcement Officer and finds the named Violator not responsible for the Code violation alleged in the Notice of Violation, the named Violator shall not be liable for the payment of any civil penalty, absent reversal of the Special Master's findings pursuant to Section 14 of this Ordinance. (0) The decision the Special Master affirming the decision of the Code Enforcement Officer, shall include the following elements: (1) Amount of civil penalty. (2) Administrative costs of hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if any. Sec. 11. Recovery of Unpaid Civil Penalties: Unpaid Penalty to Constitute a Lien; Foreclosure. (A) The City may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties. (B) A certified copy of an order imposing a civil penalty shall be recorded in the public records and thereafter shall constitute a lien against the property on which the violation exists and upon any other real or personal property owned by the Violator; upon petition to the circuit court, such order may be enforced in the same manner as a court judgment by the sheriffs of this State, including levy against the personal property, but such order shall not be deemed to be a court judgment except for enforcement purposes. A civil penalty imposed pursuant to this Ordinance shall continue to accrue until the Violator complies or until -9-