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14B.110.120 Civil Penalties.

Label: City Code Section
  1. A.  The City Administrator may impose civil penalties for violations of the provisions of this Chapter according to the following schedule:
    1. 1.  Sealed amusement device removed from location: the penalty may be up to $50 per amusement device.
    2. 2.  Failure to obtain proper location permit: the penalty may be up to $50 per amusement device.
    3. 3.  The unlawful removal of seal from amusement device: the amusement device is subject to seizure and destruction pursuant to Section 14B.110.110.
  2. B.  Calculation of civil penalties.
    1. 1.  In calculating the amount of the civil penalty to be imposed for violations of the provisions of this Chapter, the City Administrator must consider:
      1. a.  The extent and nature of the person’s involvement in the violation;
      2. b.  The economic or financial benefit accruing or likely to accrue as a result of the violations;
      3. c.  Whether the violations were repeated or continuous, or isolated and temporary;
      4. d.  The magnitude and seriousness of the violation;
      5. e.  The City’s costs of investigating the violations and correcting or attempting to correct the violation; and
      6. f.  Any other factor the City Administrator deems to be relevant.
    2. 2.  The City Administrator must provide notice of the assessment of civil penalties in the Notice of Violation under Subsection 14B.110.110 A.
  3. C.  No person assessed a penalty under this Section will be issued a permit under this Chapter until all such penalties have been paid in full.
  4. D.  Civil penalties imposed pursuant to this Section will be the only penalties authorized for such violations.
  5. E.  Any person assessed a penalty may, within 10 days of receiving such written order, file a written notice of appeal as provided in Section 14B.110.140.
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