22.02.070 Monetary penalties.
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A. The person responsible for a violation shall incur an initial monetary penalty, pursuant to whether the violation is a first, second or subsequent violation and according to the monetary penalty schedule in VMC 22.02.070(D).
B. In addition to the monetary penalty in VMC 22.02.070(D), the person responsible for a violation shall automatically incur a daily monetary penalty, pursuant to whether the violation is a first, second or subsequent violation and according to the monetary penalty schedule in VMC 22.02.070(D), if the person responsible for a violation fails to comply with the corrective action or actions in a notice of civil violation and order or order to revoke permit by the corrective date specified in the order. The daily penalty shall begin to accrue after the corrective date specified in the notice of civil violation and order or order to revoke permit.
C. The city may not seek to collect cumulative monetary penalties unless the city official has complied with the requirements contained in VMC 22.02.050.
D. The monetary penalties for first, second and subsequent violations of the code enforced through this title, within any two (2) year period, shall be as follows:
VMC TITLE | FIRST VIOLATION | SECOND VIOLATION | SUBSEQUENT VIOLATIONS |
VMC Chapter 5.20, Display of Drug Paraphernalia | $250 | $500 | $1,000 |
VMC Chapter 5.62, Commercial Recycling | $250 | $500 | $1,000 |
VMC Chapter 5.76, Taxi code | $250 | $500 | $1,000 |
VMC Chapter 5.85, Ambulances | $250 | $500 | $1,000 |
VMC Chapter 6.12, Garbage disposal | $250 | $500 | $1,000 |
VMC Chapter 8.20, Nuisances | $250 | $500 | $500 |
VMC Chapter 11.20, Newsracks | $100 | $200 | $200 |
VMC Chapter 11.30. Street frontage improvements | $100 | $200 | $200 |
VMC Chapter 11.40, Traffic control code | $100 | $200 | $200 |
VMC Chapter 11.50, Utilities in the right of way | $100 | $200 | $200 |
VMC Chapter 11.60, Street use permits | $100 | $200 | $200 |
VMC Chapter 11.80, Street standards | $100 | $200 | $200 |
VMC Chapter 11.90, Construction in the right of way | $100 | $200 | $200 |
VMC Chapter 12.04, Street Trees | $250 | $500 | $1,000 |
VMC Chapter 14.04, Water and Sewer Use - Regulations and Charges | $250 | $500 | $1,000 |
VMC Chapter 14.08, Connection to Public Sewers | $250 | $500 | $1,000 |
VMC Chapter 14.09, Stormwater Management - Regulations and Charges | $250 | $500 | $1,000 |
VMC Chapter 14.16, Water and Sewer Service Connections | $250 | $500 | $1,000 |
VMC Chapter 14.24, Erosion control | $250 | $500 | $1,000 |
VMC Chapter 14.25, Stormwater control | $250 | $500 | $1,000 |
VMC Chapter 14.26, Water resources protection | $250 | $1,000 | $5,000 |
VMC Chapter 16.04, Firecode | $500 | $500 | $1,000 |
VMC Chapter 16.20, Fireworks | $500 | $1,000 | $1,000 |
VMC 16.30.040, Illegal consumer fireworks | $500 | $1,000 | $1,500 |
VMC 16.30.050, Legal Consumer Fireworks | $250 | $500 | $1,000 |
International Fire Code Section 503.4 | $100 | $100 | $100 |
All Chapters in Title 17 of the VMC, but not including VMC Chapter 17.39 | $250 | $500 | $1,000 |
Violation of a stop work order | $250 | $500 | $1,000 |
VMC Title 20, except that Title 22 shall not apply to VMC Chapter 20.770, Tree conservation except for the purposes of enforcement and the appeal process under VMC 22.02 & 22.03 | $250 | $500 | $1,000 |
VMC 20.935.030A | $100 | $100 | $100 |
VMC Chapter 20.740, Critical Areas Protection Ordinance | $500 | $1000 | $1,500 |
E. In the event of an appeal, monetary penalties under VMC 22.02.070(B) shall accrue during the appeal period unless the appellant prevails on appeal. Accrued monetary penalties shall not exceed three (3) times the amount of the daily monetary penalty set by VMC 22.02.070(D) for any single violation from the first date of the violation through the date the hearings examiner renders a final decision.
F. Payment of any monetary penalties associated with the violation does not relieve the person to whom the notice of civil violation and order or order to revoke a permit is directed of the duty to correct the violation.
G. Collection of monetary penalties and necessary and reasonable costs.
1. Payment. Monetary penalties and necessary and reasonable costs are due and payable to the applicable city department or service area ten (10) calendar days after the city personally serves the cited person with a written demand for payment, itemizing the costs the city incurred. If not served personally, monetary penalties and necessary and reasonable costs are due fifteen (15) calendar days after the city deposits in the U.S. mail such a demand and itemized costs. If a violation is appealed as provided herein, monetary penalties and necessary and reasonable costs are due fifteen (15) calendar days after the date the city deposits in the U.S. mail a copy of the hearings examiner’s final order. The provisions of VMC 3.08.060 for dishonored checks and VMC 3.08.080 for late fees and interest shall apply to payments due under this title.
2. Approved collection methods. The city attorney or the city attorney’s designee is authorized to take any appropriate legal action to collect monetary penalties and necessary and reasonable costs, including liens, personal obligations, assignment of claims to collection agencies, and other collection methods authorized by law.
3. Authority to negotiate settlement. The city official and the city attorney or the city attorney’s designee may negotiate a settlement, compromise or otherwise dispose of an action when to do so would be in the best interest of the city. (Ord. M-4164 §8, 2016; Ord. M-4092 §4, 2014; Ord. M-4086 §3, 2014; Ord. M-4047 §13, 2013; Ord. M-4037 §37, 2012; Ord. M-4026 §18, 2012; Ord. M-4022 §62, 2012; Ord. M-3929 §11, 2009; Ord. M-3920 §7, 2009; Ord. M-3857 §8, 2007)