§ 30-76. Rehearings; mitigation.

(a)

Rehearings. Upon filing of a petition for rehearing by a violator or by the city administration, a special master may rehear a case, take additional testimony and issue a new order. The petition must be filed with the clerk of the special master and must demonstrate that there is newly discovered evidence that could not have been discovered through the use of due diligence prior to the original hearing and that will probably change the result if a rehearing is granted, or the special master has overlooked or failed to consider something which renders the order issued erroneous. A petition for rehearing must be filed within 30 days of the filing of the last order issued in the case.

(b)

Mitigation. All applications for mitigation shall be made in writing and under oath. No applications for mitigation shall be considered until an affidavit of compliance has been filed by a city inspector. A petition for relief from order shall be brought within one year. A petition for mitigation shall be brought within three years after the filing of an affidavit of compliance with the clerk of the special master and is subject to the following mitigation criteria:

(1)

The gravity of the violation;

(2)

The promptness of compliance;

(3)

The good faith actions taken to correct the violation; and

(4)

The amount of equity in the property relative to the amount of the lien.

(c)

Mitigation may not be used for the purpose of rehearing or appeal of the original order imposing the fine.

(Ord. No. 92-2772, § 1, 2-5-92; Ord. No. 2000-3236, § 1, 5-10-00; Ord. No. 2003-3409, § 1, 4-30-03; Ord. No. 2003-3419, § 1, 7-30-03; Ord. No. 2009-3647, § 2, 9-9-09; Ord. No. 2010-3668, § 2, 1-13-10)