Laserfiche WebLink
<br />1.30.7 Administrative Civil Penalties Hearing. <br /> <br />(a) The procedures for the Administrative Civil Penalties hearing <br />are set forth in Section 1.40 below. <br /> <br />(b) The Administrative Hearing Officer will only consider <br />evidence that is relevant to the following issues: <br /> <br />1 . Whether the Responsible Party has caused or <br />maintained a violation of the Municipal Code that existed on the dates <br />specified in the Notice and Order; and <br /> <br />2. Whether the amount of the Administrative Civil <br />Penalties assessed by the Enforcement Officer pursuant to the <br />procedures and criteria outlined in this Section was reasonable. <br /> <br />1.30.8 Administrative Enforcement Order. <br /> <br />(a) Once all evidence and testimony are completed, the <br />Administrative Hearing Officer will issue an Administrative Civil Penalties Enforcement <br />Order which affirms or rejects the Enforcement Officer's Administrative Civil Penalties <br />Notice and Order or which modifies the daily rate or duration of the administrative civil <br />penalties depending upon the review of the evidence. The Administrative Hearing <br />Officer may increase or decrease the total amount of civil penalties and costs that are <br />assessed by the Enforcement Officer's Administrative Civil Penalties Notice and Order. <br /> <br />(b) The Administrative Enforcement Order will become final on <br />the date of service of the order. <br /> <br />(c) The Administrative Enforcement Order will be served on all <br />parties by anyone of the methods listed in Section 1.10.4 of this Article. <br /> <br />(d) The Administrative Hearing Officer may issue an <br />Administrative Civil Penalties Enforcement Order that requires the Responsible Party to <br />stop violating the Municipal Code and to make necessary corrections. <br /> <br />(e) As part of the Administrative Civil Penalties Enforcement <br />Order, the Administrative Hearing Officer may establish specific deadlines for the <br />payment of penalties and costs and condition the total or partial assessment of <br />administrative civil penalties on the Responsible Party's ability to complete compliance <br />by specified deadlines. <br /> <br />(f) The Administrative Hearing Officer may issue an <br />Administrative Civil Penalties Enforcement Order which imposes additional <br />administrative civil penalties that will continue to be assessed until the Responsible <br /> <br />F:Atty/Ord/Ord.157.1 <br />052303 <br /> <br />16 <br />