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Ordinance 2006-267
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Ordinance 2006-267
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Last modified
7/20/2010 10:36:21 AM
Creation date
4/9/2007 10:50:25 AM
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CityClerk-Ordinances
Ordinance Number
2006-267
Date (mm/dd/yyyy)
12/14/2006
Description
Amd Chapter 14 - Code Enforcement
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<br />(C) Civil penalties assessed as providcd herein are duc and payable to the City on the last day <br />of the period allowedf()J" the liling of an appeal of the Code Entorcement Ofticer's decision. or if <br />proper appeal is made. when the appcal has been finally decidcd advcrsely against the named <br />violator. <br /> <br />(D) For the lirst Repeat Violation. the amount of thc civil pcnalty shall be double the amount <br />of the penalty prescribed for the original violation. The amount of civil penalty due for each <br />subsequent Repeat Violation shall bc double the amount of penalty due I(l!' the lirst day of the <br />immediately preceding violation. provided that the maximum penalty payable lor thc first day of <br />anyone Repeat Violation shall be $750.0D. <br /> <br />(E) A Repcat Violation which remains uncorrected beyond the time prescribed for correction <br />in the Notice of Violation shall bc trcatcd as a Continuing Violation, and the additional pcnalty <br />lor each day of continued violation shall be double the amount due tor the first day of the Repeat <br />Violation. <br /> <br />(F) A Repeat Violation includes a violation committed by an entity that has one or more <br />officers, major shareholders or general partners in common with another entity, which violated <br />the same code provision within live (5) years of the current violation. For purposes of this <br />Section a major shareholder shall be one who owns at least 25% of the shares of that corporation. <br />This paragraph shall apply only where the common ofticer (s). major shareholder(s). or general <br />partncr(s) are or were activcly involved in the management of the entity committing the violation <br />at the time when the violation occurred. <br /> <br />(G) Continuing Violation penalties shall accrue li'om thc date of correction given in the Civil <br />Violation Notice until the correction is made. and compliance is obtained or until a request tor <br />administrative hearing is Iiled. whichever comes lirst. If the named Violator requests an <br />administrative hcaring and loses his appeal. the Special Master shall determinc a reasonable time <br />period within which correction of the violation must be made. bascd on the considerations set <br />forth herein. If correction is not made within the period set by the Spccial Master. Continuing <br />Violation penalties shall bcgin to aceruc after the timc allowedf()J" correction has run. No <br />continuing violation penalties shall accruc during the time period li'om the date of the civil <br />violation notice until the date of the administrativc hearing. if the named violator timely requcsts <br />an administrative hearing to appeal the decision of the Code Inspector. Continuing violation <br />penalties cannot be imposed by the hearing ofliccr lor uncorrectable violations. <br /> <br />(F) Civil penalties assessed pursuant to this Chapter by the Special Master are due and <br />payable to the City at the close of the hearing. or, if a proper appeal of the Special Master's <br />decision is made. when the appeal has becn tjnally decided advcrscly against the named Violator. <br /> <br />Section ID. <br /> <br />Ri~hts of Violators: Pavment of Finc; Ri~ht to Aplleal; Failure to Pav and Correct <br />or to Appeal. <br /> <br />(A) A Violator who has been served with a Civil Violation Notice shall elect to: <br /> <br />(helm,IIKe .\l1ll"l1cll11.L: {:llLk 1':lIf"rCl'llll'nl. (:lU!'tlr 1-1 (l <br />
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