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17.106.050 Enforcement and Penalties.

City Code Section
  1. A. The City Administrator may impose penalties on any responsible party who fails to comply with the requirements of this Chapter or who has misrepresented any material fact in a document or evidence required to be prepared or submitted by this Chapter.
    1. 1. A first violation of this Chapter may be subject to a penalty of up to $500.
    2. 2. A second violation of this Chapter by the same person may be subject to a penalty of up to $1,000.
    3. 3. Third and subsequent violations of this Chapter by the same person may be subject to a penalty of up to $1,500.
    4. 4. Penalties may be imposed on a per month, per day, per incident, or such other basis as the City Administrator may determine as appropriate based upon criteria in Subsection E. below.
    5. 5. Any person receiving a notice of violation must, within 10 days of issuance of the notice, either pay to the City the stated amount of the penalty or request an appeal as provided in Section 17.106.060.
  2. B. Heavy machinery.
    1. 1. Improper use of heavy machinery in violation of this Chapter may be subject to a penalty of up to $10,000.
    2. 2. Any person receiving a notice of violation must, within 10 days of issuance of the notice, either pay to the City the stated amount of the penalty or request an appeal as provided in Section 17.106.060.
  3. C. Additional enforcement actions for Certified Deconstruction Contractors. The City Administrator may impose the following additional remedies for Certified Deconstruction Contractors.
    1. 1. A first violation of this Chapter may result in removal from the list of approved Certified Deconstruction Contractors for up to six months.
    2. 2. A second violation of this Chapter may result in removal from the list of approved Certified Deconstruction Contractors for up to 12 months.
    3. 3. Third and subsequent violations may result in revocation of certification, after which a contractor may not apply for recertification for a period of 18 months.
    4. 4. Temporary removal from the list of approved Certified Deconstruction Contractors will expire immediately following the term of removal and will not require further action from the City Administrator.
  4. D. Stop work orders. When necessary to obtain compliance with this Chapter, the City Administrator may issue a stop work order requiring that all work, except work directly related to elimination of the violation, be immediately and completely stopped. If the City Administrator issues a stop work order, activity subject to the order may not be resumed until such time as the City Administrator gives specific approval in writing. The stop work order will be in writing and posted at a conspicuous location at the site. When an emergency condition exists, a stop work order may be issued orally, followed by a written stop work order. It is unlawful for any person to remove, obscure, mutilate or otherwise damage a stop work order. Any person subject to a stop work order may seek administrative review of the order and may appeal the City Administrator’s administrative determination as provided in Subsection 17.106.060 B.
  5. E. The City Administrator will consider the following criteria in determining the amount of penalties or remedies to impose under this Section:
    1. 1. The nature and extent of the person’s involvement in the violation;
    2. 2. Whether the person was seeking any benefits, economic or otherwise, through the violation;
    3. 3. Whether other similar prior violations have occurred with that person;
    4. 4. Whether the violation was isolated and temporary, or repeated and continuous;
    5. 5. The length of time from any prior violations;
    6. 6. The magnitude and seriousness of the violation;
    7. 7. The costs of investigation and remedying the violation;
    8. 8. Other relevant, applicable evidence bearing on the nature and seriousness of the violation.
  6. F. If the City Administrator assesses an enforcement penalty as described in this Section against a property owner, the revenue service and program of the City Administrator may file a statement that identifies the property, the amount of the penalty, and the date from which the charges are to begin. The revenue service and program of the City Administrator will then:
    1. 1. Notify the property owner of the assessment of enforcement penalties;
    2. 2. Record a property lien in the docket of City liens;
    3. 3. Bill the property owner monthly for the full amount of enforcement penalties owing, plus additional charges to cover the City’s administrative costs; and
    4. 4. Maintain lien records until the lien and all associated interest, penalties, and costs are paid in full; and the City Administrator certifies that all violations listed in the original or any subsequent notice of violation have been corrected.
  7. G. Inspections. The City Administrator may conduct inspections whenever necessary to enforce any provisions of this Chapter, to determine compliance with this Chapter or whenever the City Administrator has reasonable cause to believe there exists any violation of this Chapter. If the responsible party is at the site when the inspection is occurring, the City Administrator will first present proper credentials to the responsible party and request entry.

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