Ordinance 2006-267 - Laserfiche WebLink

Home Browse Search

(L) The time for correction given by the Code Enforcement Officer to the named Violator and contained in the Civif Violation Notice is rcbuttably presumed to have been a reasonable time for correction. Upon prcsentation of relevant evidencc by the named Violator that the time for correction was not reasonable. however. the Special Master may make a re-determination as to the time period bcing insufficient. If the Special Master determines that the time given for correction was insufficient, the penalty for a Continuing Violation shall be caleu1ated li'om the date determined by the Spccial Master to be a reasonable date for correction. (M) If the named Violator is found guilty of the violation. slhe ffiilJ' shall be held liable for the reasonable cost of the administrati\'c hearing cost. at the discretion ofthc Special Master~ $75.DO. (N) The filct-finding detcrmination of the Special Master shall be limited to whcther or not the violation alleged oceurred. and. if so. whether the pcrson named in the Civil Violation Notice 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. If the Special Master reverscs the decision of the Code Enfll!"cement Officcr andlinds the named Violator not responsible for the Code violation in the alleged iH-4+1€ Civil Violation Notice becausc thc department did not present substantial competent cvidcnce to indicate that such violator is responsible for the violation. then, and in that case. the named Violator shall not be liable lor the payment of any civil pcnalty. absent reversal of the Special Master's findings pursuant to any circuit court appeals. (0) The decision of the Spccial Master affinlling the decision of the Code Enlorcement Officer shall includc the following elements: (I) Amount of civil penalty. (a) I'rcscribed in thc scheduled of civil penalties as adopted herein. (b) Gravity of the violation. (e) Actions taken to correet said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the line amount imposed. (2) Administrative costs of the hcaring. which shall represent the average of aemal costs incurred Hl-IJreparation by the City in preparation for the specific hearing. shall be $75.DD. (3) Date by which the violation must be corrccted to prcvent resumption of Continuing Violation pcnaltics. if any. Section 12. Appeal of Order of the Special Mastcr. ()rdin.mCl' .\nlt'ndillg (:,dl' 1:.nf'lfCl1lk'lll, (:h,lPllf 1.1 9