15.04.100 Building official: Authority to impose administrative civil penalty.
A. Upon a determination by the Building Official that any person, firm, corporation or other entity however organized has violated a provision of this chapter or a rule adopted there under, the Building Official may issue a notice of civil violation and impose upon the violator and/or any other responsible person an administrative civil penalty as provided by Subsections (A) to (K) of this Section. For purposes of this Subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well. (Ord. 1990, 2010)
B. Prior to issuing an order to correct a violation under this Section, the Building Official may pursue reasonable attempts to secure voluntary correction. (Ord. 1990, 2010)
C. Prior to issuing a notice of civil violation and imposing an administrative civil penalty under this section, the Building Official shall issue an order to correct a violation to one or more of the responsible persons within a reasonable timeline based on the history of the violation as determined by the Building Official. Except where the Building Official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be less than seven calendar days. (Ord. 1990, 2010)
D. Following the date or time by which the correction must be completed as required by an order to correct a violation, the Building Official shall determine whether the required correction has been completed. If the required correction has not been completed by the date or time specified in the order, the Building Official may issue a notice of civil violation and impose an administrative civil penalty to each responsible persons to whom the order to correct was issued. (Ord. 1990, 2010)
E. Notwithstanding Subsections (B) and (C), the Building Official may issue a notice of civil violation and impose an administrative civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the Building Official determines that the violation was knowing or intentional or a repeat of a similar violation. (Ord. 1990, 2010)
F. In imposing an administrative civil penalty authorized by this Section, the Building Official shall consider:
1. The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
2. Any prior violations of statutes, rules, orders, and permits;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous;
5. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
6. The violator’s cooperativeness and efforts to correct the violation; and
7. Any relevant rule of the Building Official. (Ord. 1990, 2010)
G. Any notice of a civil violation that imposes an administrative civil penalty under this Section shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this State, and seven days after the date mailed if to an address outside this state. Every notice shall include the following information:
1. Reference to the particular code provision, permit requirement, Ordinance number, or rule involved;
2. A short and plain statement of the violation or how the structure or property in question is a violation;
3. A statement of the amount of the penalty(ies) that are, or could in the future be, imposed;
4. The date on which the order to correct was issued and time by which correction was supposed to be made, or if the penalty is imposed pursuant to Subsection (E), a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
5. A statement of the party’s right to appeal the civil penalty to the City Manager; a description of the process the party is required to use to appeal the civil penalty; and the deadline by which such an appeal must be filed. (Ord. 1990, 2010)
H. Any person, firm, corporation or other entity however organized to whom a notice of civil penalty is issued may appeal the penalty to the City Manager. The provisions of Section 15.04.110 shall govern any requested appeal. (Ord. 1990, 2010)
I. A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the City Manager pursuant to, and within the time limits established by, Section 15.04.110. (Ord. 1990, 2010)
J. Each day the violator fails to remedy the code violation shall constitute a separate citable violation. (Ord. 1990, 2010)
K. The civil administrative penalty authorized by this section shall be in addition to:
1. Assessments or fees for any costs incurred by the City in remediation, cleanup, or abatement, and
2. any other actions authorized by law, provided that the City shall not issue a citation to Municipal Court for a violation of this Chapter. (Ord. 1990, 2010)