Ordinance 2001-141 - Laserfiche WebLink

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(c) Actions taken to correct Stleh said violation. (d) Any previous violations committed by the violator of a similar nature. (e) The Special Master may reduce the fine amount imposed. (2) Administrative costs of the hearing in the amotiflt of sixty ($60.00) dolllH's, which shall represent the average of actual costs incurred in preparation by the City for the conduct of the specific hearing. (3) Date by which the violation must be corrected to prevent resumption of Continuing Violation penalties, if any. Section 12. Reco'lerv of Unpaid Ciyil Penalties, Unpaid Penalties to Constitute a Lien; Foree1oslH'e. Appeal of Order of the Special Master. (A) An aggrieved party, including the City, may appeal a final order of a Special Master to the circuit court. Such an appeal shall not be a hearing de novo but shall be limited to appellate review of the record created before the Special Master. An appeal shall be filed within thirty (30) calendar days of the issuance of the order sought to be overturned. Failure to make such appeal within the prescribed thirty (30) day period shall render the findings of the Special Master conclusive, binding and final. (B) Unless the findings of the Special Master are overturned, said findings of the Special Master shall be admissible in any proceeding to collect unpaid penalties. (C) No aggrieved party other than the City may apply to the court for relief unless such party has first exhausted the remedies provided for in this Ordinance and has taken all available steps provided in this Ordinance. It is the intention of the City that all steps provided by this Ordinance shall be taken before any application is made to the court for relief, and no application shall be made by any aggrieved party other than the City to a court for relief except from an order issued by a Special Master pursuant to this Chapter. It is the intention of the City that, notwithstanding anything in this Ordinance to the contrary, the City shall retain all rights and remedies otherwise available to it to secure compliance with or prevent violations of the Code. For purposes of an appeal, the Clerk shall make available, for public inspection and copying, the record upon which each final order of a Special Master is based. The Clerk shall make a reasonable charge commensurate with the cost for the preparation of the official record on appeal and transmittal thereof to the circuit court for making certified copies of any record or portion thereof. Section 13. f..ppeals of Order Rehearing. Upon a filing of a petition for re-hearing by a Violator or by the City, a Special Master may rehear a case: (1) To take additional testimony or issue a new order. The petition must be filed with the City Clerk and must demonstrate that there is newly discovered evidence which could not have been discovered through the use of due diligence prior to 02001- _ Reestablishing Code Enforcement Procedures 10