2-4-092 Civil Penalty Procedures

A. Citation of Civil Penalties. If any violation of this Code remains uncured after issuance of a notice of violation and expiration of the warning period, a citation of civil penalties may be issued to the property owner or other person determined to be responsible for the violation in accordance with the notice of violation. B. Civil Penalties Imposed. The civil penalty to be imposed for any given violation may be imposed in accordance with the civil penalties fee schedule adopted by the County. Penalties shall be imposed on a graduated scale providing for the first and recurring violations. If a violation is corrected but reoccurs on the same property within one year from the imposition of any civil penalty, any subsequent violation within such one year period shall subject the person to the recurring violation penalty. Civil penalties may not be imposed for a civil violation that occurs in conjunction with another criminal violation as part of a single criminal episode that will be prosecuted in a criminal proceeding. C. Request for Hearing. Any person having received a citation of civil penalties may request a hearing before a hearing officer by filing a written application for hearing. Such request for hearing shall be filed prior to the due date for the civil penalties. The hearing shall be held in accordance with the hearing procedures set forth in Subsection (D) below. D. Hearing Procedures. Any civil penalty hearing shall be held as a public meeting with business transacted during County regularly scheduled hours. A civil penalty hearing shall provide for due process for the parties and shall be recorded or otherwise documented so that a true and correct transcript may be made of the proceedings. E. Appeal. Any person aggrieved of the hearing officer’s determination regarding the imposition of civil penalties for a Code violation may appeal such final administrative determination to the Hearing Officer in accordance with the appeal procedures set forth in Section 2-2-190 of this Code. F. Collection. The County may use any lawful means available to collect any unpaid penalty and fees imposed under this Chapter, including costs and reasonable attorney’s fees.