How the county enforces housing rules and fines

(a) If the director determines that any person is violating any provision of this chapter, any rule adopted thereunder, or any permit issued pursuant thereto, the director shall have the person served by personal service or by certified mail, with a notice of violation and order pursuant to this section. The director may also have a copy of the notice of violation and order posted at the building site and/or sent to the landlord/owner of the building or lot where the violation is located. (b) The notice of violation shall include at least the following information: (1) Date of the notice; (2) Name and address of the person noticed; (3) Section number of the provision, or rule, or the permit which has been violated; (4) Nature of the violation; and (5) Location and time of the violation. (c) The order may require the person to do any or all of the following: (1) Cease and desist from the violation; (2) Correct the violation at the person’s own expense before a date specified in the order, which date shall not be more than thirty days; (3) Pay a civil fine not to exceed $500 in the manner, at the place and before the date specified in the order; (4) Pay a civil fine not to exceed $100 per day for each day in which the violation persists beyond the final date specified for correction of the violation, in the manner and at the time and place specified in the order. (d) The order shall advise the person that the order shall become final thirty days after the person’s receipt of the order, unless the director’s decision is appealed to the County board of appeals within the thirty day period. (e) The provisions of the order issued by the director under this section shall become final thirty days after the receipt of the order, unless the director’s action is appealed to the County board of appeals as provided in this chapter. (f) Any person adversely affected by any order issued under this chapter, may within thirty days after the service of the order, appeal the order to the County board of appeals as provided by the County Charter, the County Code, and any rules adopted thereto. An appeal to the County board of appeals shall stay the provisions of the director’s order pending the final decision of the County board of appeals. (g) At the completion of an appeal in which the County’s enforcement action is affirmed and upon correction of the violation, if requested by the violator, the case will be reviewed by the director to determine the appropriateness of the amount of the civil fines that accrued while the appeal proceedings were pending. In reviewing of the amount of the accrued fines, the director may consider the following: nature and egregiousness of the violation, duration of the violation, number of recurring and other similar violations, effort taken by the violator to correct the violation, degree of involvement in causing or continuing the violation, reasons for any delay in the completion of the appeal, and other extenuating circumstances. The civil fine which is imposed by administrative order after this review is completed and the violation is corrected is subject to only judicial review, notwithstanding any provisions for administrative review in the County Charter. (h) After completion of a review of the amount of accrued civil fine by the director, the amount of the civil fine determined appropriate, including both the initial civil fine and any accrued daily civil fine, shall immediately become due and collectible following reasonable notice to the violator. If no review of the accrued fine is requested, the amount of the civil fine, not to exceed the total accrual of civil fine prior to correcting the violation, shall immediately become due and collectible following reasonable notice to the violator, at the completion of all appeal proceedings. (i) The director may institute a civil action in any court of competent jurisdiction for the enforcement of any order issued pursuant to this section. Where the civil action has been instituted to enforce the civil fine imposed by said order, the director need only show that the notice of violation and order were served, that a civil fine was imposed, the amount of the civil fine imposed and that the fine imposed has not been paid. (j) The director shall file with the State bureau of conveyances, liens on all properties which have been the subject of fines levied under this section, which remain unpaid for one year or more after final adjudication and the expiration of the time for any further appeal. (k) Fines assessed under this section shall constitute a lien upon the subject property upon the filing of said lien with the bureau of conveyances. (2004, ord 04-142, sec 2.)3-38 SIGNS § 3-39