§ 1-6.303. Procedures; Notice and Order.

(a)

Whenever the Director determines that a violation of one (1) or more provisions of this Code or applicable State Codes has occurred or continues to exist, a civil penalty may be issued in conjunction with a notice and order to the responsible party.

(b)

The notice and order shall refer to all Code sections violated and describe how each section is or has been violated.

(c)

The notice and order shall refer to the dates and locations of the violations.

(d)

The notice and order shall address the action required to correct the outstanding violations and establish time frames for completion.

(e)

The notice and order shall establish a daily amount of civil penalties. The Director shall determine the daily amount of civil penalties pursuant to the criteria set forth in this article.

(f)

The notice and order shall identify a date when civil penalties began to accrue and a date when the assessment of civil penalties ended, unless the violation is continuous. In the case of a continuous violation, there shall be an ongoing assessment of penalties at the daily rate established in the notice and order until the violations are corrected.

(g)

If a director determines that the violations are continuing, the notice and order shall demand that the responsible party cease and desist from further action causing the violation, or take affirmative action to cease from maintaining or permitting the violation to exist. The notice and order shall demand that the responsible party commence and complete all action to correct the outstanding violations under the guidance of the appropriate City departments.

(h)

The notice and order shall enumerate any other consequences should the responsible party fail to comply with the terms and deadlines outlined in the notice and order.

(i)

The notice and order shall identify appropriate hearing procedures as required by this chapter.

(j)

The notice and order shall be served upon the responsible party by any one of the methods of service listed in Section 1-6.205 of this chapter.

(k)

The notice and order shall identify the factors used by the Director in determining the duration and the daily amount of civil penalties.

(l)

More than one (1) notice and order may be issued against the same responsible party if it encompasses either different dates or different violations.

(Added by Ord. 3102-C.S., § 1, effective 11-26-98)