Agenda - 02-24-2003-c2a - Laserfiche WebLink

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~v~ Public Hearing Ordinance d) Judicial Action to Collect Civil Penalty: 13 A civil action in the nature of a debt may be filed in any court of competent jurisdiction to collect an unpaid civil penalty imposed under Article VII-E-4 below. VII-E-4 Civil Penalty VII-E-4.1 General Any person who proceeds to develop land as authorized by an approved preliminary plat and who fails to carry out such development according to the provisions of the plat, and all specific conditions of approval, shall be in violation of this Ordinance and shall be punished by fine. The Planning Director may impose one (1) or more civil penalties and issue one (1) or more Civil Penalty Citations for a violation as provide below. If the violator does not pay the penalty, the Planning Director may collect it in a court through a civil action in the nature of a debt. VII-E-4.2 Notice The Planning Director shall give the responsible person(s) written notice of the violation, either in person, posting the notice at the property in violation, 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 violation 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. VII-E-4.3 Amount The Planning Director may impose a penalty of 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, or correction order, shall constitute a separate violation that subjects the violator to additional civil penalty. VII-E-4.4 Settlement of Claims The Planning Director 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 Planning Director 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. G:\Cunent Planning Div\Tking\ZO&SR Enforcement Amendments\Public Hearing Ordinance