§ 1.14.090. Administrative penalties.

A.

The appeals hearing board may impose administrative penalties for the violation of any provision of this Code in an amount not to exceed a maximum of two thousand five hundred dollars per day for each ongoing violation, except that the total administrative penalty shall not exceed one hundred thousand dollars exclusive of administrative costs, interest and restitution for compliance reinspections, for any related series of violations.

B.

In determining the amount of the administrative penalty, the board may take any or all of the following factors into consideration:

1.

The duration of the violation;

2.

The frequency, recurrence and number of violations, related or unrelated, by the same violator;

3.

The seriousness of the violation;

4.

The good faith efforts of the violator to come into compliance;

5.

The economic impact of the penalty on the violator;

6.

The impact of the violation on the community;

7.

Such other factors as justice may require.

C.

Administrative penalties imposed by the board shall accrue from the date specified in the compliance order and shall cease to accrue on the date the violation is corrected as determined by the director or the board.

D.

The board, in its discretion, may suspend the imposition of applicable penalties for any or all of the periods of time during which:

1.

The violator has filed for necessary permits which are both:

a.

Required to achieve compliance; and

b.

Actively pending before the city, state or other appropriate governmental agency.

2.

The violator has pursued a good faith dispute of the validity of the compliance order through a hearing before the director.

E.

Administrative penalties assessed by the board shall be due by the date specified in the administrative order.

F.

Administrative penalties assessed by the board are a debt owed to the city and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by means of a lien against the real property on which the violation occurred.

G.

If the violation is not corrected as specified in the board's order to correct, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth in Section 1.14.090A. above.

H.

If the violator gives written notice to the director that the violation has been corrected and if the director finds that compliance has been achieved, the director shall deem the date the written notice was postmarked or personally delivered to the director or the date of the final inspection, whichever first occurred, to be the date the violation was corrected. If no written notice is provided to the director, the violation will be deemed corrected on the date of the final inspection.

(Ords. 24381, 29043.)