§ 8.54.410. Violations.

A.

General. The failure of a responsible party to comply fully with the provisions of this Chapter shall be a separate violation which shall be immediately subject to abatement actions and fees, assessment of penalties and fines, and collection actions provided herein. Each and every day a violation of any provision of this Chapter exists shall constitute a separate and distinct offense. The owner shall remain liable for any violation of this Chapter even though the owner, by agreement, has imposed such duties on another individual, group, firm, or other entity.

B.

Remedies. Remedies provided in this Chapter for violations are in addition to and do not supersede or limit any other remedies, whether civil or criminal, whether by Federal, State or local law. The remedies provided for herein shall be cumulative and not exclusive.

C.

Notification. The owner shall be notified of a violation in accordance with the provisions for notification for abatement of violations, as set forth in Article II of Chapter 15.08 and shall have at least 30 days to correct prior to the assessment of any fines or penalties.

D.

Defaulted Properties. If the property has received a notice of default, but has not been transferred to the beneficiary or other person through foreclosure, deed in lieu of foreclosure, or other transfer, no fine or penalty may be imposed against the beneficiary unless the owner of record has been first notified of the violation and given at least 30 days to cure and the beneficiary has been notified that the owner of record failed to cure and has been given at least 30 days to cure. The 30-day notice period shall not apply if the Building Services Division determines that a specific condition of the property threatens public health or safety.

E.

Fines or Penalties. The City may assess penalties pursuant to O.M.C. Chapter 1.08, 1.12, and/or 1.16 as appropriate to the violation. A failure to register, or permitting blight or a nuisance to exist on any property subject to this Chapter is considered a major violation and subject to the penalties set out in Chapter 1.08.

(Ord. No. 13126, § 2, 6-19-2012)