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(� .2 0 -22 <br />2.3.6 Failure to Comply With an Administrative Civil Penalties Notice <br />and Order. <br />An Enforcement Officer will request the City Manager to appoint an <br />Administrative Hearing Officer and to establish a date, time and place for the <br />Administrative Civil Penalties hearing in accordance with this Section 2.3 when the <br />Responsible Party fails to comply with the terms of the Notice and Order. Failure to <br />comply includes failure to pay the assessed Administrative Civil Penalties, failure to <br />commence and complete corrections by the established deadlines or failure to refrain <br />from continuing violations of the Municipal Code. <br />2.3.7 Administrative Civil Penalties Hearing. <br />(a) The procedures for the Administrative Civil Penalties hearing <br />are set forth in Section 2.4 below. <br />(b) The Administrative Hearing Officer will only consider <br />evidence that is relevant to the following issues: <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 />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 />2.3.8 Administrative Enforcement Order. <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 />(b) The Administrative Enforcement Order will become final on <br />the date of service of the order. <br />(c) The Administrative Enforcement Order will be served on all <br />parties by any one of the methods listed in Section 2.1.4 of this Article. <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 />F:Atty /Ord/Ord.157.1 <br />020603 16 <br />