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ARTICLE B. ADMINISTRATIVE CODE ENFORCEMENT PROCEDURES

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1-12B-1: ADMINISTRATIVE ABATEMENT:
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Any condition caused, maintained, or permitted to exist in violation of any provisions of this code or applicable state codes that constitutes a violation may be abated by the city pursuant to the procedures set forth in this section 1-12B-1. (Ord. 2003-07-004, 7-17-2003)

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A. Whenever the ACE administrator or any enforcement official determines that a violation of this code or applicable state codes has occurred or continues to exist, the ACE administrator or enforcement official may choose to proceed under the administrative abatement procedures. If this procedure is used, a notice of violation shall be issued to a responsible person. The notice of violation shall include the following information:

1. Name of property owner;

2. Street address of violation;

3. Date violation observed;

4. All code sections violated and description of condition of the property that violates the applicable codes;

5. A statement explaining the type of remedial action required to permanently correct outstanding violations, which may include corrections, repairs, demolition, removal, or other appropriate action;

6. Specific date to correct the violations listed in the notice of the violation, which date shall be at least the number of days set forth in the city fee schedule from the date of service;

7. Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to, criminal prosecution; civil penalties; revocation of permits; recordation of the notice of violation; withholding of future municipal permits; abatement of the violation; costs of abatement; lien on property; administrative fees; and any other legal remedies;

8. That civil penalties will begin to accrue immediately on expiration of the date to correct violations;

9. The amount of the civil penalty on each violation and that the penalty will accrue daily until the property is brought into compliance;

10. That only one notice of violation is required for any twelve (12) month period, and that civil penalties begin immediately upon any subsequent violations of the notice. The responsible person may request a hearing on the renewed violations by following the same procedure as provided for the original notice.

11. Procedures to request a hearing as provided in section 1-12B-5-3 of this article, and consequences for failure to request one.

B. The notice of violation shall be served by one of the methods of service listed in section 1-12A-12 of this chapter.

C. More than one notice of violation may be issued against the same responsible person, if it encompasses different dates or different violations. (Ord. 2003-07-004, 7-17-2003)

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A. If a responsible person fails to bring a violation into compliance within the time set forth on the notice of violation after service of the notice of violation, civil penalties shall be owed to the city for each and every subsequent day of violation.

B. Failure to comply with the notice of violation is a class B misdemeanor. (Ord. 2003-07-004, 7-17-2003)

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It shall be the duty of the responsible person served with a notice of violation to request an inspection when his or her property has been brought into compliance. It is prima facie evidence that the violation remains on the property if no inspection is requested. Civil penalties accumulate daily until the property has been inspected and a notice of compliance is issued. Reinspection fees shall be assessed pursuant to the “remedies” section of this chapter, if more than one inspection is necessary. (Ord. 2003-07-004, 7-17-2003)