A. The Auditor may evaluate individual delinquent open liens to
develop recommendations on revising the payment amount of the lien and the
payment terms. The Auditor’s recommendation shall be based upon the
factors set forth in Subsection 5.30.060 D. Delinquent bonded liens may
not be reviewed or adjusted.
B. The Collections Committee shall be comprised of four members,
consisting of a representative from two members of the City Council, one
representative from the Bureau of Development Services and one representative
from the Office of Management and Finance. These four offices shall each
designate their representative to the Committee.
C. The Committee shall meet from time to time, as necessary, to
review and consider the Auditor’s recommendations. The Collections
Committee shall make a written determination accepting, revising or rejecting
the Auditor’s recommendations on adjusting the delinquent open lien payment
amount and terms. The Collections Committee’s written determination shall
be based upon the factors listed in Subsection 5.30.060 D. The Auditor
shall notify the property owner in writing of the Collections Committee’s
determination.
D. The factors to be considered when adjusting the payment
amount and terms of delinquent open liens include, but are not limited to, the
following:
1. Whether the property owner has committed any prior City
Code violation, or has other delinquent liens, regardless of whether any
administrative, civil, or criminal proceeding occurred;
2. The history of the property owner in taking all feasible
steps or procedures necessary or appropriate to correct the violation or
resolve any delinquencies;
3. The property owner’s financial condition;
4. The gravity and magnitude of the violation;
5. Whether the violation was repeated or continuous;
6. Whether the violation was due to unavoidable accident,
other conditions or circumstances beyond the property owner’s reasonable
control, negligence, or an intentional act of the property owner;
7. The opportunity and degree of difficulty to correct the
violation or resolve any delinquencies;
8. The economic or financial benefit accrued or likely to
accrue to the property owner as a result of the violation;
9. The property owner’s cooperativeness and efforts to correct
the violation for which the lien was assessed;
10. The costs to the City of investigation, enforcement and
correction or attempted correction of the violation;
11. The total costs to the City for principal, penalty,
billing, interest and collection charges; and
12. Any other relevant factors.
E. If the property owner accepts the Collections Committee’s
determination on adjusting the delinquent open lien amount and payment terms,
the owner shall enter into a written agreement prepared by the Auditor that
contains the adjusted delinquent open lien amount and payment terms.
F. If the property owner rejects the Collection Committee’s
determination, the owner may appeal the determination on adjusting the
delinquent open lien amount and payment terms to the Code Hearings Officer as
provided for in Chapter 22.10. However, if the owner has previously
appealed the lien or the related code violations to the Code Hearings Officer,
there shall be no right of appeal.
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