1.20.050 Voluntary Correction Agreement:
A. Content. When the Code Enforcement Officer has determined that a violation has occurred or is occurring, he or she may enter into a voluntary correction agreement with the person responsible for the violation. The voluntary correction agreement is a written contract prepared by the City and the person responsible for the violation, under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. The name and address of the person responsible for the violation;
2. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
3. A description of the violation(s) and a reference to the regulation(s) which has been violated;
4. The necessary corrective action to be taken, and the date by which the correction must be completed which shall be the shortest reasonable time period for compliance, as determined by the City;
5. An agreement by the person responsible for the violation that the City may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
6. The amount of the civil penalty that will be imposed pursuant to this section if the voluntary compliance agreement is not satisfied; and
7. An agreement by the person responsible for the violation that if the City determines that the terms of the voluntary correction agreement are not met, the City may impose any remedy authorized by this chapter, including:
a. Assessment of civil penalties identified in the voluntary correction agreement;
b. Abatement of the violation;
c. Assessment of all costs and expenses incurred by the City to pursue code enforcement and to abate the violation, including legal and incidental expenses; and
d. Suspension, revocation, or limitation of a developmental permit.
8. A statement that the person responsible for the violation waives the right to a hearing.
B. Right to a Hearing Waived. In consideration of the City’s agreement to enter into a voluntary correction agreement, the person responsible for the violation shall have no right to an administrative or judicial hearing, under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.
C. Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the City if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions and the responsible person provides the request in writing clearly establishing the need for such an extension.
D. Monetary Penalty. If the terms of the voluntary correction agreement are not met, the person responsible for the violation may be assessed a monetary penalty not to exceed one thousand dollars ($1,000) for each violation per day or portion thereof. Civil penalties, in whole or in part, may be waived by the City Manager or his/her designee if the code violations which formed the basis for the civil violation have been corrected, and the City Manager or his/her designee finds that compelling reasons justify waiver of all or part of the outstanding civil penalties. (Ord. 2760, 4/14/15)