1.06.035 Procedures for Civil Violations.
A. Notice of Violation. Upon a determination by the Building Official that a person has committed a civil violation of the Building Code as defined in Section 1.06.010(A), the building official may issue a notice of civil violation and impose upon the violator or other responsible person an administrative civil penalty as described in Section 1.06.010(D) and (E). For the purposes of this section, a “responsible person” includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well. If no appeal is filed as provided in this section, the civil penalty shall become final upon expiration of the appeal period.
B. Contents of Notice. The notice shall:
1. Describe the alleged violation, including any relevant code or ordinance provisions violated.
2. States that City intends to impose a civil penalty and state the amount of the penalty.
3. State that the responsible person or persons may appeal the civil penalty to the City Manager.
4. Describe the process and requirements for filing an appeal and the deadline by which the appeal must be filed.
C. Service of Notice. The notice shall be served by personal service or by registered or certified mail, and by regular mail.
D. Filing an Appeal. Any person subject to a notice of violation under this section may file an appeal of the notice of violation within fifteen days of the date of mailing of the notice. The City shall not consider appeals filed after this deadline. The notice of appeal shall be in writing and shall include:
1. The name, address and telephone number of the appellant.
2. The nature of the determination being appealed.
3. The reason the appellant believes the determination is incorrect.
4. The relief requested by the appellant.
5. Payment of the appeal fee set by resolution of the City Council.
A notice of appeal that does not comply with the above requirements may be rejected by the City Manager.
E. Appeal Hearing. The City Manager shall schedule a hearing within 30 days of the date of receipt of the notice of appeal. The city shall mail notice of the time and location of the hearing to the appellant at least ten days prior to the date of the hearing. The City Council may appoint a designee to hear the appeal, except that the designee may not be the Building Official or any person supervised by the Building Official. The City Council or designee shall hear and decide the appeal based upon appellant’s written notice of appeal and additional evidence that the City Council or designee deems relevant. At the hearing, the appellant may present testimony and oral argument personally or by counsel. The burden of proof shall be on the Building Official. The hearing will begin with a staff report from Building Official, followed by the appellant’s presentation, followed by response from the Building Official, if any, followed by any rebuttal by the appellant, if any.
F. Decision on Appeal. The City Council or designee shall issue a written decision within ten days of the date of the hearing and shall mail a copy of the decision to the appellant. The written decision of the City Council or designee is final as of the date of issuance.
G. If a notice of revocation of a license or permit is the subject of the appeal, the revocation does not take effect until final determination of the appeal. Notwithstanding this paragraph, an emergency suspension shall take effect upon issuance of the notice of suspension.
H. Failure to pay a penalty imposed hereunder within ten days of the date the penalty becomes final as provided in Sections 1.06.035(A) or (F) of this section, which ever is applicable, shall constitute a civil violation of this Code as provided in Section 1.06.010(A). Unpaid penalties shall accrue interest from the date due as provided in Section 1.06.050 and may be collected pursuant to 1.06.060. In addition to any other enforcement mechanisms provided in this Code, failure to pay an administrative civil penalty when due shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy.