(1) When the city manager or designee determines that a responsible person has violated or is violating any provision of a chapter of this code that contains a provision authorizing the imposition of an administrative civil penalty, the city manager or designee may impose an administrative civil penalty as provided in subsections (2) to (11) of this section. For purposes of this section, a responsible person shall mean a responsible person as defined by the specific code provision authorizing the imposition of the administrative civil penalty.
(2) Prior to imposing an administrative civil penalty under this section the city manager or designee shall pursue reasonable attempts to secure voluntary correction, failing which the city manager or designee may issue an order to one or more of the responsible persons to correct the violation. Except where the city manager determines that the violation poses an immediate threat to health, safety, environment or public welfare, the time for correction shall be not less than five calendar days.
(3) Following the date or time by which the correction must be completed as required by an order to correct a violation, the city manager or designee shall determine whether such correction has been completed. If the required correction has not been completed by the date or time specified in the order, the city manager or designee may issue a notice of civil violation to each person to whom an order to correct was issued.
(4) Notwithstanding subsection (2) above, the city manager or designee may issue a notice of civil violation without having issued an order to correct violation or made attempts to secure voluntary correction where the city manager or designee determines that the violation was knowing or intentional, or a repeat of a similar violation, or for any violation of sections 6.446, 6.501 to 6.596 or 6.625 to 6.645 of this code or any rules issued thereunder.
(5) Utilizing the procedure set forth in section 2.019 of this code, the city manager shall adopt by rule either a schedule of, or specific criteria to be used in, establishing penalty amounts that may be imposed for particular violations. Except for violation of sections 6.501 to 6.596 of this code or any rules issued thereunder no administrative civil penalty imposed under this section shall exceed $2,000 per day. For violation of sections 6.501 to 6.596 of this code or any rules issued thereunder, no administrative civil penalty imposed under this section shall exceed $25,000 per day. In imposing a penalty authorized by this section, the city manager or designee shall consider:
(a) The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
(b) Any prior violations of statutes, rules, orders and permits;
(c) The gravity and magnitude of the violation;
(d) Whether the violation was repeated or continuous;
(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act;
(f) The violator’s cooperativeness and efforts to correct the violation; and
(g) Any relevant rule of the city manager.
(6) The notice of civil penalty shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. A notice of civil penalty shall include:
(a) Reference to the particular code provision or rule involved;
(b) A short and plain statement of the matters asserted or charged;
(c) A statement of the amount of the penalty or penalties imposed;
(d) The date on which the order to correct was issued and time by which correction was to be made, or, if the penalty is imposed pursuant to subsection (4) a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated or a statement that the violation concerned sections 6.446, 6.501 to 6.596 or 6.625 to 6.645 of this code or rules issued thereunder; and
(e) A statement of the party’s right to appeal the civil penalty to a hearings officer.
(7) Any person who is issued a notice of civil penalty may appeal the penalty to a hearings officer. The provisions of section 2.021 of this code shall govern any requested hearing, except that the burden of proof shall be on the city manager or designee.
(8) A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to a hearings officer pursuant to, and within the time limits established by, section 2.021. If the responsible person appeals the civil penalty to a hearings officer, the penalty shall become final, if at all, upon issuance of the hearing officer’s decision affirming the imposition of the administrative civil penalty.
(9) Failure to pay a penalty imposed hereunder within ten days after the penalty becomes final as provided in subsection (8) shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The city manager or designee also is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by subsection (11) below, other provisions of this code, or state statutes.
(10) The civil administrative penalty authorized by this section shall be in addition to:
(a) assessments or fees for any costs incurred by the city in remediation, cleanup or abatement, and
(b) any other actions authorized by law.
(11) If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the city manager or designee shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of city liens. At the time such an assessment is made, the city manager or designee shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of city liens. The lien shall be enforced in the same manner as liens for street improvements and shall bear interest at the rate prescribed in section 2.022 of this code. The interest shall commence from the date of entry of the lien in the lien docket.