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BIL 270 Draft 07 2008-2010
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BIL 270 Draft 07 2008-2010
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Last modified
3/1/2012 1:07:59 PM
Creation date
1/24/2012 9:32:36 AM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
BIL
Bill/Resolution - Council Term
2010-2012
Bill/Resolution
270
Draft
07
Introducer
Brittany Smart, Council Member
Referred To
COUNCIL
Action 1
Council: Bill 270, Draft 7 held over pursuant to Council Rule 24(e) - 01/20/12
Action 2
Council: Bill 270, Draft 7 passes second and final reading - 02/01/12
Status
Adopted
Date To Mayor or Adoption Date
2/10/2012
Reading Number
2
Reading Date
2/1/2012
Ayes
5-Blas;Hoffmann;Ikeda;Pilago;Smart
Noes
2-Ford;Yagong
Absent
2-Onishi;Yoshimoto
Excused
0
Document Relationships
AGE COUNCIL 02/01/2012 2010-2012
(Related To)
Path:
\Council Records\Agendas\2010-2012\Council
COM 0128.133 2010-2012
(Related)
Path:
\Council Records\Communications\2010-2012
ORD 2012-027 2010-2012
(Related)
Path:
\Council Records\Ordinances\2012
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(2) The name and address of the person noticed, and the location of the violation; <br />(3) The section number of the ordinance, code or rule which has been violated; <br />(4) The nature of the violation; and <br />(5) The deadline for compliance with the notice. <br />(b) Proper service of such notice shall be by personal service, registered mail, or certified mail upon the <br />owner of record, provided, that if such notice is by registered mail or certified mail, the designated <br />period within which the owner or person in charge is required to comply with the order of the <br />building official shall begin as of the date the owner or person in charge receives such notice. <br />Section 5 -60. Administrative enforcement. <br />(a) If the administrative authority determines that any person, firm or corporation is not complying <br />with a notice of violation, the administrative authority may have the party responsible for the <br />violation served, by mail or delivery, with an order pursuant to this division. <br />(b) Contents of the Order. <br />(1) <br />The order may require the parties responsible for the violation, including but not limited to <br />the owner /lessee of the property where the violation is located, to do any or all of the <br />following: <br />(A) Correct the violation within the time specified in the order; <br />(B) Pay a civil fine not to exceed $1,000 in the manner, at the place and before the date <br />specified in the order; <br />(C) Pay a civil fine not to exceed $1,000 per day for each day in which the violation <br />persists, in the manner and at the time and place specified in the order. <br />(2) The order shall advise the party responsible for the violation that the order shall become final <br />thirty calendar days after the date of its delivery. The order shall also advise that the <br />administrative authority's action may be appealed to the board of appeals. <br />(c) Effect of Order; Right to Appeal. The provisions of the order issued by the administrative authority <br />under this section shall become final thirty (30) calendar days after the date of the delivery of the <br />order. The party responsible for the violation may appeal the order to the board of appeals as <br />provided by section 5 -67 below. The appeal must be received in writing on or before the date the <br />order becomes final. However, an appeal to the board of appeals shall not stay any provision of the <br />order. <br />(d) Judicial Enforcement of Order. The administrative authority may institute a civil action in any court <br />of competent jurisdiction for the enforcement of any final order issued pursuant to this section. <br />Where the civil action has been instituted to enforce the civil fine imposed by such final order, the <br />administrative authority need only show that the notice of violation and order were served, that a <br />civil fine was imposed, the amount of the civil fine imposed, and that the fine imposed has not been <br />paid. <br />Section 5 -61. Penal enforcement. <br />(a) General Provisions. The provisions of this section are in addition to any other applicable remedy or <br />penalty provided by law. <br />(b) In case the parties responsible for violating any provisions of this code fail, neglect, or refuse to <br />comply or correct a violation, the administrative authority may submit the matter to the proper <br />authority for penal enforcement. <br />19 <br />
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