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A. Authority. The enforcement official may impose a fine for violation as an independent enforcement action or concurrent to another enforcement action; except as stated in JCC 20.100.170, Invoke a fine for violation, or JCC 20.100.110, Request to remedy.

B. Cause. A violation exists.

C. General Procedure.

1. Collect Evidence. Before imposing a fine, the enforcement official shall collect evidence to conclude there is a violation.

2. Issue Notice. The enforcement official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site)) describing the violation. The notice letter shall also include the terms of the fine, including the fine amount and the date payment is due.

3. Time Frame. If not addressed in a concurrent enforcement action, the enforcement official shall grant the violator an opportunity to provide evidence that there is not a violation or to bring the violation into compliance, including a time frame of at least one (1) day but not more than twenty-one (21) days. The time frame granted shall be reasonably tied to the necessary time to remedy the violation (e.g., the time to remove an A-frame portable sign in violation could be one day).

4. Time Frame Extension. A time frame extension may be granted upon request by the enforcement official if the violator is making satisfactory progress.

5. Financial Liability. The enforcement official may impose a fine in an amount not less than $50.00 or higher than $2,500 for the first violation and not less than $50.00 or higher than $7,500 for the second or subsequent violations. Each unique violation from the day it was confirmed as a violation is subject to a fine; and each new day the violation persists, excluding days granted to remedy the violation, shall constitute another fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like.

6. Appeals. Fines imposed by the enforcement official may be appealed to the Board of Zoning Appeals. [Ord. 12-27-11 § 10.16.]