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POL Government Elected Officials Auditor Griffin-Valade Charter, Code & Policies City Code & Charter Online Code & Charter Title 29 Property Mainten Chapter 29.70 Costs and Penalties
29.70.010 Enforcement Fees or Penalties for Nuisance, Housing and Dangerous and Derelict Buildings.

(Amended by Ordinance Nos. 176528, 181699, 182488 and 183793, effective May 19, 2010.)

 

A.  The City may charge a penalty in the form of a monthly enforcement fee for each property found in violation of Chapters 29.20, 29.30, 29.35 or 29.40 of this Title that meets the following conditions:

 

1.  The property is a subject of a notice of violation of this Title as described in Section 29.60.050; and

 

2.  A response period of 30 days has passed since the effective date of the initial notice of violation; and

 

3.  The property remains out of compliance with the initial notice of violation or any subsequent notice of violation.

 

B.  The amount of the monthly enforcement fee shall be charged as set forth in the Enforcement Fee and Penalty Schedule as approved by City Council.  If all violations are not corrected within three months from the date of the initial notice of violation, subsequent enforcement fees or penalties shall be twice the amount listed in the Enforcement Fee and Penalty Schedule as approved by City Council.

 

C.  Whenever the property owner believes that all violations have been corrected, the property owner shall so notify the Director.  Upon receipt of such notice, the Director shall promptly schedule an inspection of the property and shall notify the property owner if any violations remain uncorrected.

 

D.  Once monthly enforcement fees or penalties begin, they shall continue until all violations have been corrected, inspected and approved.

 

E.  When a property meets the conditions for charging an enforcement fee or penalty, the Director shall file a statement with the City Auditor that identifies the property, the amount of the monthly fee or penalty, and the date from which the charges are to begin.  The City Auditor shall then:

 

1.  Notify the property owner(s) of the assessment of enforcement fees or penalties and the 10 percent City Auditor charge; and

 

2.  Record a property lien in the Docket of City Liens; and

 

3.  Bill the property owner(s) monthly for the full amount of enforcement fees or penalties owing, plus additional charges to cover administrative costs of the City Auditor; and

 

4.  Maintain lien records until:

 

a.  The lien and all associated interest, penalties, charges and costs are paid in full; and

 

b.  The Director certifies that all violations listed in the original or any subsequent notice of violation have been corrected.

 

F.  When a property meets the conditions for assessment of fees or penalties as described in this Title, the Director may also cause appropriate collection measures, including legal action in a court of competent jurisdiction, to be instituted against the property owner in order to collect the assessed fees or penalties.