ORD-2003-034 - Proposed Zoning Ordinance & Subdivision Regulations Enforcement Procedures Amendments

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ORDINANCE AS ADOPTED BY THE BOCC 13 The Zoning Officer may impose one or more civil penalties and issue one or more Civil Penalty Citations for a violation as provided below. If the violator does not pay the penalty, the Zoning Officer may collect it in a court through a civil action in the nature of a debt. 23.4.2 Notice The Zoning Officer shall give the responsible person(s) written notice of the civil penalty citation, either in person, or by certified or registered mail, return receipt requested. When service is made by certified mail, a copy of the notice may also be sent by regular mail. Service shall be deemed sufficient if the notice by certified mail is unclaimed or refused, but the notice by regular mail is not returned by the post office within ten (10) days after mailing, provided that a notice of civil penalty citation is posted in a conspicuous place on the premises affected. The notice shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be ten (10) days from the date of the notice, and the possibility of civil and /or criminal enforcement. 23.4.3 Amount The Zoning Officer may impose a penalty of v" eae ) five hundred dollars ($500.00) per day of violation. For purposes of assessing the amount of a civil penalty, each day the violation remains uncorrected after receipt of the final notice of violation, correction order, (or the receipt of the Civil Penalty Citation itself in the case of emergency enforcement), or Stop Work Order, shall constitute a separate violation that subjects the violator to additional civil penalties. 23.4.4 Settlement of Claims The Zoning Officer is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Zoning Officer shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and /or an order of abatement. 23.4.5 Continuing Violations The Zoning Officer may issue a Civil Penalty Citation for a violation that continues without being corrected. The violator in such cases may be assessed a penalty for each day of the continuing violation. An initial Civil Penalty Citation for a single violation must be issued before a Civil Penalty Citation for a continuing violation is issued. If the violator has failed to pay the penalty and correct the violation after the initial Civil Penalty Citation, the violator is subject to a Civil Penalty Citation for a continuing violation with a daily penalty. An initial Civil Penalty Citation is not required if the Department has previously issued a Civil. Penalty Citation to the violator for the same violation at the same location Within the previous two (2) years. The Zoning Officer may give a single notice of a Civil Penalty Citation for a continuing violation. The notice must contain a copy of the notice of violation and must state that the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative.