§ 70-6. Enforcement; penalties; appeals; unpaid fines to constitute liens.

(a)

The provisions of section 70-3 shall be enforced by enforcement procedures before a special master, as set forth in chapter 30 of this Code, and penalties for violations of those sections shall be as set forth therein.

(b)

Enforcement of sections 70-4 and 70-5 shall be in accordance with the following procedures:

(1)

If a code compliance officer finds a violation of this chapter, the compliance officer shall issue a notice of violation to the violator as provided in chapter 30. The notice shall inform the violator of the nature of the violation, amount of fine for which the violator may be liable, instructions and due date for paying the fine, notice that the violation may be appealed by requesting an administrative hearing within 20 days after service of the notice of violation, and that failure to do so shall constitute an admission of the violation and waiver of the right to a hearing.

(2)

A violator who has been served with a notice of violation shall elect either to:

a.

Pay the civil fine as follows:

(i)

First offense: $50.00;

(ii)

Second offense: $100.00;

(iii)

Third and subsequent offenses: $250.00; or

b.

Request an administrative hearing within 20 days before a special master appointed as provided in article II of chapter 30 to appeal the decision of the code compliance officer which resulted in the issuance of the notice of violation;

c.

The special master shall not have discretion to alter the penalties prescribed in subsection (b)(2)a.

(3)

If the named violator, after notice, fails to pay the civil fine or fails to timely request an administrative hearing before a special master, the special master shall be informed of such failure by report from the code compliance officer. Failure of the named violator to appeal the decision of the code compliance officer within the prescribed time period shall constitute a waiver of the violator's right to an administrative hearing before the special master. A waiver of the right to an administrative hearing shall be treated as an admission of the violation and penalties may be assessed accordingly.

(4)

Any party aggrieved by the decision of the special master may appeal the decision in accordance with law.

(5)

The city may institute proceedings in a court of competent jurisdiction to compel payment of civil fines.

(6)

A certified copy of an order imposing a civil fine may be recorded in the public records and thereafter shall constitute a lien upon any other real or personal property owned by the violator and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After two months from the filing of any such lien which remains unpaid, the city may foreclose or otherwise execute upon the lien.

(c)

The procedures for appeal of the notice of violation by administrative hearing shall be as set forth in sections 102-384 and 102-385.

(Code 1964, § 25-126; Ord. No. 93-2841, § 1(25-126), 4-21-93; Ord. No. 93-2893, § 1, 12-15-93; Ord. No. 2012-3756, § 1, 4-11-12)