§ 11-19. Civil penalties; administrative hearing; failure to pay/correct.

(a)

If the violation is continuing, repetitive or chronic, a single violation will occur each day beyond the time for correction set forth in the civil citation violation notice.

(b)

For each day of a continued violation, an additional penalty in the same amount as that prescribed for in the original violation shall be added.

(c)

Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made, and compliance is obtained. If the named violator requests an administrative hearing and loses his/her appeal, the special magistrate shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth herein. If correction is not made within the time period set by the magistrate, continuing violation penalties shall begin to accrue after the time allowed for correction by the magistrate has run.

(d)

Civil penalties assessed pursuant to this article are due and payable to the clerk on or before the last day of the period allowed for the filing of an administrative hearing, or for the filing of an appeal from a special magistrate decision at an administrative hearing, or if proper appeal is made, when the appeal has been finally decided adversely to the violator.

(e)

A violator who has been served with a citation violation notice shall elect either to:

(1)

Correct the violation and pay the civil penalty in the manner indicated on the citation violation notice; or

(2)

Request an administrative hearing before a special magistrate to contest the citation violation notice.

(f)

A violator shall request an administrative hearing by filing a written request for such hearing with the clerk, or clerk's designee, no later than fifteen (15) days after the date of the citation violation notice. The request shall include the name and address of the violator and the citation violation notice number.

(g)

Failure of a violator to file a written request for an administrative hearing within fifteen (15) days after date of the citation violation notice shall constitute a waiver of the violator's right to an administrative hearing to contest the citation violation notice and is deemed an admission of the violation and civil penalties shall be assessed and costs may be assessed accordingly.

(h)

If a violator fails to correct the violation and/or pay the civil penalty by the specified time period as written on the citation violation notice or timely request an administrative hearing, the special magistrate shall be informed of such failure by an affidavit of non-compliance executed by a code inspector. The clerk shall send to the violator a notice of a hearing for non-compliance. Such notice of hearing shall be served as provided in section 11-16. At the date, time, and place set such hearing, the special magistrate shall order the fine be imposed as specified in the citation violation notice.

(i)

A certified copy of said order imposing the fine may be recorded in the public records of the county and once recorded, it shall constitute a lien against the property upon which the violation was found to exist and upon any other real or personal property owned by the violator, and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed otherwise to be a judgment of a court except for enforcement purposes.

( Ord. No. C-08-36, § 1, 7-15-08 ; Ord. No. C-18-26 , § 1, 9-4-18)