Ordinance No. 19719 - Laserfiche WebLink

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~a} The person's past history in taking all feasible steps or procedures necessary or appropriate to correct the violation; fib} Any prior violations of statutes, rules, orders and permits; ~c} The gravity and magnitude of the violation; ~d} Whether the violation was repeated or canti nuous; fie} Whether the cause of the vi o1 ati on was an unavoi dabl e accident, negligence or an intentional act; ~f} The violator's cooperativeness and efforts to correct the violation; and fig} Any relevant rule of the city manager. ~6} The notice of ci vi 1 penalty shall either be served by personal serve ce or shall be sent by reg~ strred 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 i f to an address within this state, and seven days after the date mai 1 ed i f to an address outside this state. A notice of civil penalty shall include: ~a} Reference to the particular code provision or rul e involved; fib} A short and plain statement of the matters asserted or charged; ~c} A statement of the amount of the penalty or penalties imposed; ~d} The date on which the order to correct was issued and time by which correction was to be made, or, i f the penalty i s imposed pursuant to subsection ~4}, a short and plain statement of the basis far conc1 ud i ng that the vi o1 ati on was knowing, i nten - t i onal , or repeated; and fie} A statement of the party's right to appeal the ci vi 1 penalty to a hearings officer. ~1} Any person who i s i slued a noti ce of civil penalty may appeal the penalty to a heari ngs officer. The provisions of section 3.060 of thi s code shall govern any requested hearing, except that the burden of proof shall be on the city manager or designee. ~8} A ci vi 1 penalty imposed hereunder shat 1 become final upon ex- p~ rats on of the time for f ~ 1 ~ ng an appeal , unless the respons i b1 a person appeals the penalty to a heari ngs officer pursuant to, and within the time limits established by, section 3.060. ~f the responsible person appeals the c i vi 1 penalty to a heari ngs officer, the penalty shat 1 become f i na1, i f at all , upon issuance of the hearing officer's decision affirming the i mpos i - tion of the administrative civil penalty, ~9} Failure to pay a penalty imposed hereunder within ten days after the penalty becomes final as provided in subsection ~8} shall consti- tute a v~olat~on of this code. Each day the penalty is not paid shall con- stitute aseparate violation. The city manager or designee also is author- i zed to col 1 ect the penalty by any administrative or judicial acti an or pro- ceedi ng authorized by subsection ~ 1 ~ } below, other provisions of this code, or state statutes. ~ 10} ,The ci vi 1 administrative penalty authorized by this secti an shall be ~n add~t~on to ~a} assessments or fees for any costs incurred by the city in remediation, cleanup or abatement, and fib} any other actions authors zed by 1 aw. Ordinance - 2