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ORD 08-010
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ORD 08-010
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Last modified
10/16/2013 1:46:20 PM
Creation date
9/22/2008 9:49:31 AM
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City Government
type
ORD
date
9/15/2008
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incapacitating illness of the accused; a court order requiring the accused to appear for another • <br />hearing at the same time; and lack of proper service of the citation or notice of the hearing. <br />"Good cause" does not include: forgetfulness and intentional delay. <br />Sec. 50 -213 Appeal to City Council. <br />(a) Any decision of the Hearing Board may be appealed to the City Council by <br />submitting a request in writing to the City Administrator within seven days after the Hearing <br />Board's decision. <br />(b) The appeal must be heard by the City Council after notice served in person or by <br />registered mail at least ten days in advance. The parties to the hearing must have an opportunity <br />to present oral or written arguments regarding the Hearing Board's decision. <br />(c) The City Council must consider the record, the Hearing Board's decision, and any <br />additional arguments before making a determination. The Council is not bound by the Hearing <br />Board's decision, but may adopt all or part of the Board's decision. The Council's decision must <br />be in writing. <br />(d) If the Council makes a finding of a violation, it may impose a civil penalty not <br />exceeding $2,000 per day per violation and may consider any or all of the factors contained in <br />Section 50 -211. The Council may also reduce, stay, or waive a fine unconditionally or based on <br />reasonable and appropriate conditions. • <br />(e) In addition to imposing a civil penalty, the Council may suspend or revoke any <br />city issued license, permit, or other approval associated with the violation, if the procedures in <br />the city code have been followed. Any hearing required in the city code for such suspension or <br />revocation is deemed satisfied by the hearing before the Hearing Board with the right of appeal <br />to the City Council. <br />Sec. 50 -214 Judicial Review. <br />An aggrieved party may obtain judicial review of the decision of the Hearing Board or <br />the City Council in accordance with state law. <br />Sec. 50 -215 Recovery of Civil Penalties. <br />(a) If a civil penalty is not paid within the time specified, it constitutes: <br />(1) A personal obligation of the violator; and <br />(2) A lien upon the real property upon which the violation occurred if the property or <br />improvements on the property were the subject of the violation and the property <br />owner was found responsible for that violation. <br />(b) A lien may be assessed against the property and collected in the same manner as is <br />taxes. <br />
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