7.36.420 Imposition of Administrative Penalty
In addition to the Abatement Costs and Administrative Costs
assessed against the Owner or Occupied of real property upon which a
nuisance has been determined to exist, and in addition to any other fee or
penalty imposed by this Code or by law, except where Administrative
Penalties are not applicable as set forth in section 7.36.770, any person
who permits or causes a nuisance as described in section7.36.310 of this
Chapter to exist may be required to pay an Administrative Penalty pursuant
to Article 7 as follows:
A penalty not exceeding one hundred dollars ($100.00)
for a
first violation.
A penalty not exceeding two hundred dollars ($200.00) for a
second violation of the same ordinance or permit within the one year
period immediately preceding the commission of the current violation.
A penalty not exceeding five hundred dollars ($500.00) for
each
additional violation of the same ordinance or permit within the one
year period immediately preceding the commission of the current
violation.
In the event that the use or structure in violation may be permitted
with an appropriate permit, a minimum of two times and up to a maximum
of five times the amount of the standard fee for such permit. The amount
of the penalty shall be determined by the cognizant department or
departments after taking into account the facts and circumstances of the
violation, including, but not limited to, the length of time the
violation has existed; the culpability of the person in violation or the
willfulness of the violation; the extent of the violation and its effect
on adjoining properties; and attempts, if any, to comply with the
applicable ordinances.
The penalties shall accrue upon the expiration of the time to remedy
the violation set forth in the Notice and Order to Abate; provided,
however, that penalties shall be stayed during the pendency of a hearing
requested pursuant to sections 7.36.625(d) and 7.36.628 until the
abatement period provided by section 7.36.640(a)(2) has expired. Except
for the period during which the penalties shall continue to accrue
through to abatement, by whatever means, of the public nuisance.
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