Administrative fines and costs of repair

Amended by Ordinance No. 2025-138

(a)

The CEB or CESMs, may order a violator that has failed to comply with an order of the CEB or CESM, to pay a fine in an amount within the limits specified in this section for each day the violation continues past the date set by the CEB or CESM for compliance.

(b)

When the CEB or CESM has found a violation to be a repeat violation, the CEB or CESM may order the violator to pay a fine in an amount within the limits specified in this section for each day the repeat violation continues past the date notice of the repeat violation was provided to the violator.

(c)

Whenever the CEB or CESM orders a violator to effect repairs or otherwise correct a City Code or city ordinance violation by a certain date, the code enforcement officer shall inspect the premises or otherwise investigate whether the order of the CEB or CESM has been complied with in a timely manner on the day following the deadline or as soon thereafter as reasonable. Upon a finding of non-compliance, the code enforcement officer shall file with the secretary an inspection report setting forth the facts of such of non-compliance. A copy of the inspection report shall be served on the violator by hand delivery or U.S. Mail.

(d)

A fine imposed pursuant to this section shall not exceed one thousand dollars ($1,000.00) per day per violation for a first violation and shall not exceed five thousand dollars ($5,000.00) per day per violation for a repeat violation.

(e)

If the CEB or CESMs finds an irreparable or irreversible violation, a fine not to exceed fifteen thousand dollars ($15,000.00) per violation may be imposed.

(f)

In determining the amount of any fine, the CEB or CESMs should consider:

(1)

The gravity of the violation,

(2)

Any actions by a violator to correct the violation, and

(3)

Any previous violations committed by the violator.

(g)

If the CEB or a CESM makes a finding that a violation presents a serious threat to the public health, safety and welfare, the CEB or CESM may direct the appropriate city department, to make all reasonable repairs or take all reasonable action necessary to bring the property into compliance and charge the violator with the reasonable costs of the repairs or action along with the fine imposed pursuant to this section. Making such repairs or taking such action does not create a continuing obligation on the part of the city to make further repairs, take further action, or maintain the property and does not create any liability against the city for any damages to or loss of property.

(h)

Except for irreparable or irreversible violations, the CEB or CESM may reduce a fine imposed pursuant to this section in such amounts and upon such conditions, including time deadlines, as deemed appropriate up to the time that the order is referred to the local governing body attorney for enforcement. Subsequent thereto, requests for fine reductions and lien settlements shall be directed to and handled by the local governing body attorney who shall have the same discretion to negotiate these fines and liens as for matters in litigation.

(Ord. No. 2015-50, § 20, 4-16-15)