§ 2-283. Authority.

(a)

Any responsible party violating provisions of the Code may be issued an administrative citation by an enforcement official as provided in this article.

(b)

Administrative citations for all violations of the Code shall be issued only after the responsible party has received notice of violation and time to comply as provided in the underlying ordinance unless because of the nature of the offense immediate compliance is required; further, any appeal process provided in the underlying ordinance or the charter of the city shall be completed prior to issuance of an administrative citation. Completion of the appeal process specifically includes situations where the time to appeal has run and no appeal has been filed. Where there is an appeal process provided in the underlying ordinance and that process has been completed an appeal of a subsequently issued administrative citation shall only relate to whether the processes for issuance of the citation were properly followed and shall not consider the merits of the underlying violation.

(c)

Each day a violation exists or continues shall constitute a separate and distinct violation for which a separate citation may be issued. However, unless the manager determines that continued violations would cause immediate peril to life or property or the offense is one that, because of the nature of the offense, requires immediate compliance, once a citation has been issued for a violation of the Code, no additional citation shall be issued for the same violation for ten (10) days or, if the responsible party appeals, until after the appeal has been heard and the responsible party has not complied with an order of the administrative hearing officer (AHO) within ten (10) days of its issuance or such other time as the AHO has specified. If the manager determines that continued violations would cause immediate peril to life or property or is of a nature that requires immediate compliance, an additional citation may be issued each day the violation continues.

(d)

A civil penalty assessed by means of an administrative citation issued by the enforcement official shall be payable directly to the manager of finance, and if not timely paid may be collected in accordance with the procedures specified in this chapter.

(e)

Enforcement actions are intended to be cumulative in nature. The city may pursue one (1) or more civil, criminal, and administrative actions, fees, fines, sentences, penalties, judgments, and remedies and may do so simultaneously or in succession.

(f)

Managers are authorized to promulgate rules and regulations to implement the use of administrative citations by their departments.

(Ord. No. 58-08, § 1, 2-4-08)