§ 2-311. Civil penalties and related terms construed.

(a)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Continuing violations means those violations which remain uncorrected beyond the reasonable time period for correction contained in either the civil violation notice or the final order of the special magistrate, whichever is applicable. For each day of continued violation after the time for correction has run, an additional penalty in the same amount as that prescribed for the original violation shall be added. The maximum total fine for any one continuing violation shall not exceed ten times the original penalty amount.

Repeat violation means a recurring violation of an ordinance by a violator who has previously been guilty of the same violation. In the case of correctable violations, a repeat violation can occur only after correction of the previous violation has been made. For the first repeat violation, the amount of the civil penalty shall be double the amount of the penalty prescribed for the original violation by section 2-319. The amount of civil penalty due for each subsequent repeat violation shall be double the amount of the penalty due for the first day of the immediately preceding violation; provided that the maximum penalty payable for the first day of any one repeat violation shall be $500.00.

Subsequent violation: A violation by an individual or entity which evidences a continued pattern or practice of intentional violation of the codes constitutes a subsequent violation.

Uncorrectable violation means a violation which cannot be remedied after the violation has been committed because the violation constitutes a single prohibited act rather than an ongoing condition or circumstance. Each reoccurrence of an uncorrectable violation shall constitute a separate violation and shall subject the violator to an additional penalty in the same amount as that prescribed for the original violation. If, however, a violator has been once found guilty of an uncorrectable violation, and causes the same uncorrectable violation to occur a second time, each reoccurrence of the uncorrectable violation by such violator shall constitute a repeat violation as provided in subsection (c) of this section.

(b)

Penalties for violations of the Ordinances to be enforced by this article shall be in the amount prescribed in the schedule of civil penalties in 2-319.

(c)

A repeat violation which remains uncorrected beyond the time prescribed for correction in the civil violation notice shall be treated as a continuing violation, and the additional penalty for each day of continued violation shall be equal to the doubled amount due for the first day of the repeat violation.

(d)

Continuing violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made if a request for an administrative hearing is not timely filed. If the named violator requests an administrative hearing on a correctable violation and loses his appeal, the special magistrate shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in section 2-301(c). If the correction is not made within the period set by the special magistrate, the continuing violation penalties shall begin after the time for correction has run. No continuing violation penalties shall accrue during the time period from the date of the civil violation notice until the date of the administrative hearing, if the named violator timely requests an administrative hearing to appeal the decision of the code enforcement officer. Continuing violation penalties cannot be imposed by the special magistrate for uncorrectable violations.

(e)

Civil penalties assessed pursuant to this article are due and payable to the county clerk on the last day of the period allowed for the filing of an appeal from the special magistrate's decision, or, if a proper appeal is made, when the appeal has been finally decided adversely to the named violator.

(Ord. No. 2015-14 , Div. 2, § 1, 7-23-2015)