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HomeMy WebLinkAbout2011 03 15 Informational 100 Other Document Distributed By Assistant City AttorneyDate: March 15, 2011 The attached document was distributed by Assistant City Attorney Kimberly Kopp to the Code Enforcement Board at the Meeting on March 15, 2011 during Agenda Item Informational "100 ". SAMPLE CODE ENFORCEMENT BOARD MOTIONS *PLEASE MAKE SURE THE DATES YOU SET IN YOUR MOTIONS DO NOT FALL ON WEEKENDS OR HOLIDAYS. "* 1. FOUND IN VIOLATION - - -- FINE IMPOSED I move to find Respondent(s) in this case in violation of the City Code as charged and that Respondent(s) correct the violation before 1:00 p.m. on (date). In the event Respondent does not comply by this date, a fine in the amount of $ per day will be imposed for each day the violation continues past the aforestated date. The Respondent(s) is /are further ordered to contact the Code Inspector to verify compliance with this Order. A. IF A SERIOUS THREAT, add this language: I find that the violations constitute a serious threat to the public health, safety and welfare and in the event the Respondent does not correct the violation by the date set in this order, the city commission shall be notified and appropriate action should be taken by the City to bring the property into compliance. The City is entitled to recover its reasonable costs of such services. 2. NONCOMPLIANCE (Subsequent Hearing Cases) I move to find that Respondent(s) in this case failed to correct the violation by the time specified in this Board's prior order in this case and the fine will be imposed as set forth in that Order and will continue to run until the property is brought into compliance and an affidavit of compliance has been filed by the Code Inspector. Respondents shall notify the Code Inspector to verify compliance. * *NOTE: When case does not comply by date in Order, but DOES comply before the Subsequent Hearing add the following_ The violation has since complied on (date) and therefore, a fine in the amount of $ (total accrued fine) is hereby imposed. 3. COMPLIANCE (Subsequent Hearing Cases) I move to find that Respondent(s) in this case HAVE COMPLIED with the Board's prior order by the date specified in that Order and NO FINE will be imposed. 4. NO FINE/NO VIOLATION ORDER I move to find that Respondent(s) in this case is /are NOT in violation of City Codes as charged. 5. REPEAT VIOLATION - -- COMPLIED I move to find Respondent(s) in this case was /were in repeat violation of City Code as charged based on the Board's prior order entered against the same Respondent for the same violation. The Respondent brought the property into compliance on (date). A fine in the amount of $ is hereby imposed for (days) of repeat violation. 6. REPEAT VIOLATION - - -- STILL IN VIOLATION I move to find Respondent(s) in this case in repeat violation of City Code as charged based on the Board's prior order entered against the same Respondent for the same violation. A fine of $ per day is hereby imposed from (the date the violation was first noticed as a repeat violation) and continue until there is compliance. The Respondent(s) is /are further ordered to Contact the Code Enforcement Officer to verify compliance with this Order. 7. STANDING ORDER - - -- NO FINE (IN- COMPLIANCE BY HEARING DATE) I move to find Respondent(s) in this case was /were in violation of City Code as charged and failed to correct the violation by the time specified for correction by the Code Enforcement Officer; that the violation is now corrected and no fine imposed. Any violation of the same code by Respondent(s) within FIVE (5) years from the date of this Order shall be treated as a repeat violation, for which a fine of up to $500.00 per day may be imposed. 8. STANDING ORDER FOR RECURRING VIOLATIONS AFTER COMPLIANCE I move to find Respondent(s) in this case was /were in violation of City Code as charged; that the violation(s) was /were corrected and recurred; and that any violation of the same code by Respondent(s) within FIVE (5) years from the date of this Order shall be treated as a repeat violation, for which a fine of up to $500.00 per day may be imposed. 9. REDUCE LIEN I move that the Board recommend to the City Commission that the lien will be reduced in this case from $ to $ , to be paid within 60 days of the commission's order of the fine reverts to the original fine amount. The reason for this reduction is: state one (1) or more of the six (6) factors, under Ordinance No. 05 -1157, which the Code Enforcement Board must consider: (1) Gravity of Violation; (2) Time it Took to Come into Compliance; (3) Accrued Amount of the Lien; (4) Previous or Subsequent Code Violations; (5) Financial Hardships; (6) Any other Mitigating Circumstances which may Warrant the Reduction or Satisfaction of the Lien. 10. CONTINUE CASE I move that this case be continued to the Code Enforcement Board Meeting, OR TO THE NEXT REGULARLY SCHEDULED MEETING. (Please remember to add these words, in the event the meeting date you choose is cancelled for lack of quorum, etc.) 11. DISMISS CASE I move to dismiss this case.