§ 2-291. Administrative enforcement order.

(a)

The decision of the AHO shall be entitled "administrative enforcement order" and shall be issued in accordance with the rules and regulations of the department issuing the administrative citation.

(b)

As part of the administrative enforcement order, the AHO shall issue a final decision regarding the violations alleged in and penalties assessed by the administrative citation. The order shall:

(1)

Uphold the administrative citation and penalties as to any violation proven by the city;

(2)

Dismiss the administrative citation and penalties as to any violation not proven by the city; and

(3)

Require payment of any outstanding assessed penalties and costs by a specified date.

(c)

As part of the administrative enforcement order, the AHO may:

(1)

Waive the penalty for a real property violation, but only where the responsible party has provided clear and convincing evidence of complete compliance prior to the date of the service of the administrative citation;

(2)

Reduce the penalties for a real property violation, but only where the responsible party has provided clear and convincing evidence of both complete compliance prior to the hearing and also justifiable neglect for a failure to comply earlier, provided however that claims of insufficient financial resources shall not constitute justifiable neglect;

(3)

Conditionally reduce the penalties where the order imposes conditions and deadlines to correct violations upheld and order the stay of the issuance of additional administrative citations for those same violations upon full compliance with the conditions and deadlines imposed in the administrative enforcement order.

(d)

If the AHO does not dismiss the administrative citation in its entirety, the AHO shall assess reasonable administrative costs as established in the rules and regulations of the department issuing the administrative citation.

(e)

The administrative enforcement order shall become final on the date of mailing of the order to the responsible party. A copy of the order shall be provided to the city.

(f)

The administrative enforcement order may be appealed to Denver District Court under the provisions of Colorado Rule of Civil Procedure 106(a)(4) within thirty (30) days of the date the order becomes final.

(Ord. No. 58-08, § 1, 2-4-08)