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RES 671 Draft 01 2014-2016
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RES 671 Draft 01 2014-2016
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Last modified
1/18/2017 2:21:08 PM
Creation date
10/6/2016 2:25:30 PM
Metadata
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Template:
Bill/Resolution
Bill/Resolution - Type
RES
Bill/Resolution - Council Term
2014-2016
Bill/Resolution
671
Draft
01
Introducer
Margaret Wille, Council Member
Referred To
GREDC
Action 1
GREDC-8: Forwarded to Council with a negative recommendation - 10/19/2016
Action 2
Council: Adopts Res. 671-16 & GREDC-8 - 11/02/16
Status
Adopted
Date To Mayor or Adoption Date
11/2/2016
Reading Number
1
Reading Date
11/2/2016
Ayes
6-Chung;David;Ilagan;Onishi;Paleka;Wille
Noes
3-Eoff;Kanuha;Poindexter
Absent
0
Excused
0
Document Relationships
REP GREDC 008 2016/10/19 (2014-2016)
(Related To)
Path:
\Council Records\Reports\2014-2016\Governmental Relations & Economic Development Committee (GREDC)
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319 (D) At the completion of an appeal in which the <br /> 320 county' s enforcement action is affirmed and upon <br /> 321 correction of the violation if requested by the <br /> 322 violator, the case shall be reviewed by the <br /> 323 county agency that imposed the civil fines to <br /> 324 determine the appropriateness of the amount of <br /> 325 the civil fines that accrued while the appeal <br /> 326 proceedings were pending. In its review of the <br /> 327 amount of the accrued fines, the county agency <br /> 328 may consider: <br /> 329 (i) The nature and egregiousness of the <br /> 330 violation; <br /> 331 (ii) The duration of the violation; <br /> 332 (iii) The number of recurring and other similar <br /> 333 violations; <br /> 334 (iv) Any effort taken by the violator to correct <br /> 335 the violation; <br /> 336 (v) The degree of involvement in causing or <br /> 337 continuing the violation; <br /> 338 (vi) Reasons for any delay in the completion of <br /> 339 the appeal; and <br /> 340 (vii) Other extenuating circumstances . <br /> 341 The civil fine that is imposed by administrative <br /> 342 order after this review is completed and the <br /> 343 violation is corrected shall be subject to <br /> 344 judicial review, notwithstanding any provisions <br /> 345 for administrative review in county charters; <br /> 346 (E) After completion of a review of the amount of <br /> 347 accrued civil fine by the county agency that <br /> 348 imposed the fine, the amount of the civil fine <br /> 349 determined appropriate, including both the <br /> 350 initial civil fine and any accrued daily civil <br /> 351 fine, shall immediately become due and <br /> 352 collectible following reasonable notice to the <br /> 353 violator. If no review of the accrued civil fine <br /> 354 is requested, the amount of the civil fine, not <br /> 355 to exceed the total accrual of civil fine prior <br /> 356 to correcting the violation, shall immediately <br /> 357 become due and collectible following reasonable <br /> 358 notice to the violator, at the completion of all <br /> 359 appeal proceedings; <br /> 360 (F) If no county agency exists to conduct appeal <br /> 361 proceedings for a particular civil fine action <br /> 362 taken by the county, then one shall be <br /> 363 established by ordinance before the county shall <br /> 364 impose the civil fine; <br /> 365 (25) Any law to the contrary notwithstanding, any county <br /> 366 mayor, by executive order, may exempt donors, provider <br />
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