§ 28-966. Penalties for violation of division.

(a)

Violation. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this division. Any person who violates any of the provisions of this chapter shall be subject to one or more of the enforcement actions outlined in this section.

(b)

Abatement.

(1)

If the City abates a violation, then within ten days after abatement of the violation, the owner of the property shall be notified of the cost of abatement, including administrative costs, and that such costs shall be charged to the owner. Notice shall be given by personal delivery or by mail to the last known address of the owner as shown in the records of the City Assessor. The notice shall be effective upon the date of mailing or personal delivery. The property owner may file a written protest objecting to the amount of such charge within ten days of the effective date of the notice.

(2)

If no protest is filed, then such charge shall become due and payable on the date set forth in the notice.

(3)

In the event a protest is filed, the Director shall issue a decision within 15 days from the date of receipt of the written protest. Failure of the Director to issue an order within 15 days shall be deemed a denial of the protest. If any charges are upheld upon completion of such review, then such charges shall become due and payable ten days after the issuance of the order upon such protest.

(c)

Misdemeanor. A willful violation of this division shall constitute a Class 1 misdemeanor. Each day that a continuing violation of this article is permitted to remain shall constitute a separate offense.

(d)

Civil liability. In addition to any criminal penalties provided, any person who violates any provision of this division may be liable to the City in a civil action for damages.

(e)

Remedies not exclusive. The remedies in this chapter are cumulative and the exercise of any one or more remedies shall not prejudice any other remedies that may otherwise be pursued for a violation of this division. The remedies listed in this division are not exclusive of any other remedies available under any applicable Federal, State or local law and it is within the discretion of the City to seek cumulative remedies.

(Code 2004, § 106-826; Ord. No. 2009-60-83, § 1, 5-26-2009)

(Code 2004, § 106-826; Ord. No. 2009-60-83, § 1, 5-26-2009)