§ 1606.

ENFORCEMENT AND PENALTIES

a.

The City Administrator shall issue a written warning to any person he or she determines is violating Sections 1603(a) or 1604(a) of this Chapter. If after issuing a written warning of violation from the City Administrator, the City Administrator finds that person continues to violate the provisions of Sections 1603(a) or 1604(a), the City Administrator may apply for or impose the various sanctions provided in this Section.

b.

Any person who violates the provisions of Sections 1603(a) or 1604(a) of this Chapter shall be guilty of an infraction. If charged as an infraction, upon conviction thereof, said person shall be punished for the first offense by a fine of not more than $100.00 for a first violation; not more than $200.00 for a second violation in the same year and not more than $250.00 for each subsequent violation in the same year.

c.

The City Administrator may issue an administrative civil liability citation to such person in an amount not exceeding $100.00 for the first violation, an amount not exceeding $200.00 for the second violation in the same year, and an amount not exceeding $500.00 for each subsequent violation in the same year. In determining administrative civil penalties, the City Administrator shall consider the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs, the frequency of past violations, any action taken to mitigate the violation, and the financial burden to the violator.

Any person to whom the City Administrator issues a written warning of violation or an administrative civil liability citation may request an administrative hearing to appeal such warning or determination of liability. Not later than 30 days before the operative date of this Chapter, and after a public hearing, the City Administrator shall promulgate rules and procedures for requesting and conducting an administrative hearing under this Chapter. In any administrative hearing under this Article, all parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to see and copy all documents and other information the City relies on in the proceeding, and to confront and cross-examine any witnesses against them. A decision by the hearing officer shall be final. Any person assessed a penalty under this subsection may contest such decision to the Superior Court within 20 days after service of the City’s decision.

d.

The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter, including without limitation, civil penalties in an amount not exceeding $100.00 for the first violation, $200.00 for the second violation, and $250.00 for each subsequent violation in any given year.

e.

The City may not recover both administrative and civil penalties pursuant to Subsections (c) and (d) of this Section for the same violation. Penalties collected under Subsections (c) and (d) of this Section, which may include recovery of enforcement costs, shall be used to fund implementation and enforcement of this Chapter.

History

(Ord. 295-06, File No. 060944, App. 11/29/2006)

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