(Amended by Ordinance Nos. 176469 and 183793, effective May 19, 2010.) A violation of this Title may result in assessment of civil penalties or enforcement fees, as provided below:
A. Civil penalties.
1. For each separate violation, a civil penalty of up to $1,000 may be assessed.
2. In determining the amount of any civil penalty to be assessed, the Director will consider the following:
a. The nature and extent of the responsible party’s involvement in the violation;
b. The benefits, economic, financial or otherwise, accruing or likely to accrue as a result of the violation;
c. Whether the violation was isolated and temporary, or repeated and continuing;
d. The magnitude and seriousness of the violation;
e. The City’s cost of investigation and remedying the violation;
f. Any other applicable facts bearing on the nature and seriousness of the violation.
B. Administrative enforcement fees.
1. In addition to other penalties and fines, the Director may charge a penalty in the form of a monthly enforcement fee or penalty for any violation that meets the following conditions:
a. Either a citation, as described in Section 32.66.030, Citations, or a stop work order, as described in Section 32.66.040, Stop Work Orders, has been issued; and
b. A response period of at least 30 days has passed since the citation or stop work order became final; and
c. The violation, as described in the initial citation of violation or stop work order or any subsequent citation or stop work order, has not been corrected, inspected and approved.
2. The amount of the monthly enforcement fee or penalty shall be charged as set forth in the Enforcement and Penalty Fee Schedule as approved by City Council. If the responsible party does not have all violations corrected, inspected and approved within three months from the date of the initial notice of citation or stop work order, then monthly enforcement fees or penalties will subsequently be twice the amount stated in the Enforcement Fee and Penalty Schedule as approved by City Council.
3. Once the monthly enforcement fees or penalties begin, they will continue until all violations identified in the initial citation or stop work order, or any subsequent citations or stop work orders, have been corrected, inspected and approved.
4. The responsible party must notify the Director when the responsible party believes that all violations listed in the initial citation or stop work order, or any subsequent citations or stop work orders, have been corrected. Upon confirmed receipt of such notice, the Director will promptly schedule an inspection of the violation and will notify the responsible party if any violations remain uncorrected.
5. When a violation meets the conditions for charging an enforcement fee or penalty as described in this Section, the Director will file a statement with the City Auditor that identifies the property, the amount of the monthly fee or penalty, the amount of citations fines, and the date from which the charges are to begin. The City Auditor will then:
a. Notify the responsible party of fines and enforcement fees and penalties;
b. Record a property lien in the Docket of City Liens;
c. Bill the responsible party monthly for the full amount of the accumulated fines and enforcement fee or penalty owing, plus additional 10 percent charges to cover the administrative costs of the City Auditor; and
d. Maintain lien records until:
(1) The lien and all associated interest, fines, penalties, charges, and costs are paid in full; and
(2) The Director certifies that all violations listed in the initial and any subsequent citations or stop work orders have been corrected, inspected and approved.
C. Portable sign penalties. In addition to other penalties and fees established in this section, where a registered or temporary portable sign has been the subject of multiple citations, the Director may either impound the sign, or revoke the registration of a sign or prohibit future portable sign registrations to the owner of the sign, or any combination of these actions. The Director may charge, in addition to any other fine, the administrative costs of impounding a portable sign.