SEC. 100.4. NOTICE TO OWNER OF REAL PROPERTY.

(a) Where there is a nexus between the violation and real property located in the City, the charging official may provide notice of the citation to the owner of the real property as set forth in this Subsection and that unpaid fines for the citations may become a lien on the property. If the charging official gives this notice, the official shall do so within three City business days of service of the notice on the person cited.

• (1) Post one copy of the citation in a conspicuous place upon the building or real property.

• (2) Serve one copy of the citation on each of the following:

• (A) The person, if any, in real or apparent charge or control of the premises or property involved;

• (B) The owner of record.

(b) When serving a copy of the citation as provided in Subsection (a)(2), the charging official shall include written notice of the following:

(1) That the owner of the property has the right to seek administrative review of the citation by filing an appeal with the Controller within 30 days of the date of service of the notice to the property owner.

(2) That the failure by all persons authorized to appeal the citation under this Chapter to file such an appeal will make the issuance of the citation a final action by the City as to all such persons, for which there is no further administrative review and no judicial review.

(c) For purposes of this Chapter, there is a nexus between a violation and real property where an activity or condition on the real property has caused, contributed to, or been a substantial factor in causing, the violation.

(d) The City may not impose a lien on the property under Section 100.7(b) unless the charging official provides notice to the property owner as set forth in this Section.

(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)

SEC. 100.5. DETERMINATION OF THE AMOUNT OF THE ADMINISTRATIVE FINE WHEN THE CITATION IS ISSUED.

(a) Unless the ordinance under which the citation is issued otherwise provides, the amount of the fine set by the charging official shall be governed by this Section:

(1) The amount of the fine for violation of an ordinance that also makes violation an infraction shall be (1) up to $100.00 for a first violation of the ordinance; (2) up to $200.00 for a second violation of the same ordinance within one year of the date of the first violation; and (3) up to $500.00 for each additional violation of the same ordinance within one year of the date of a second or subsequent violation.

(2) The amount of the fine for violation of an ordinance that also makes violation a misdemeanor shall be up to $1000.00.

(3) The amount of the fine for violation of an ordinance that does not provide for a criminal penalty shall be up to $1000.00.

(4) In determining the amount of the fine, the charging official may take any or all of the following factors into consideration:

• (A) The duration of the violation;

• (B) The frequency, recurrence and number of violations by the same violator;

• (C) The seriousness of the violation;

• (D) The good faith efforts of the violator to correct the violation;

• (E) The economic impact of the fine on the violator;

• (F) The injury or damage, if any, suffered by any member of the public;

• (G) The impact of the violation on the community;

• (H) The amount of City staff time, which was, expended investigating or addressing the violation;

• (I) The amount of fines imposed by the charging official in similar situations;

• (J) Such other factors as justice may require.

(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)

SEC. 100.6. WHEN FINES DUE; PAYMENT OF FINE; LATE PAYMENT FEE; NOTICES BY CHARGING OFFICIAL.

(a) The citation shall set forth the date by which the fine is required to be paid, which date shall allow at least 30 days for payment from the date that the citation is served. The fine shall be due and payable on or before the date set forth in the citation, unless the person cited has filed a timely appeal in compliance with the requirements of Section 100.9.

(b) The due date for fines set forth in citations for which an appeal has been filed under Section 100.9 are due and payable on the date required under Sections 100.9(c)(2) and (d) and 100.14(b).

(c) Fines that remain unpaid 30 days after the due date shall be subject to a late payment penalty of 10 percent plus interest at the rate of 1 percent per month on the outstanding balance, which shall be added to the penalty amount from the date that payment is due.

(d) All fines and late payment fees shall be payable to the City and deposited in the City's general fund, unless the payment is made pursuant to an ordinance that provides otherwise.

(e) If the fine is unpaid by the date that it is due under this Chapter, the charging official shall serve notice within

30 days of the delinquency that fines not paid by the due date are subject to a late payment penalty as provided in

Subsection (c). Where there is a nexus between the violation and real property against which the City may impose a lien for non-payment of the citation as provided in Section 100.7(b), the charging official may serve notice to the owner of such property that the person cited has not timely paid the citation and that the charging official may initiate proceedings to make the amount due and all additional authorized costs and charges, including attorneys fees, a lien on the property. If the charging official does not provide the notice set forth in this Subsection, the City may not impose a lien on the property under Section 100.7(b).

(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)