8.12.040 Voluntary Correction.
A. This section applies whenever the enforcement officer determines that a public nuisance is occurring.
B. The enforcement officer shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the public nuisance and, where responsible for the public nuisance and, where possible, explaining the public nuisance and requesting correction.
C. A voluntary correction agreement may be entered into between the person responsible for the public nuisance and the City, acting through the enforcement officer.
1. The voluntary correction agreement is a contract between the City and the person responsible for the public nuisance under which such person agrees to abate the public nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the public nuisance;
b. The street address or a description sufficient for publication of the building, structure, premises or land upon or within which the public nuisance is occurring;
c. A description of the public nuisance;
d. The necessary corrective action to be taken, and a date or time by which correction must be completed;
e. An agreement by the person responsible for the public nuisance that the City may inspect the premises as may be necessary to determine compliance with the voluntary correction;
f. An agreement by the person responsible for the public nuisance that the City may abate the public nuisance and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the public nuisance if the terms of the voluntary correction agreement are not met; and g. An agreement that by entering into the voluntary correction agreement the person responsible for the nuisance waives the right to an administrative appeal of the public nuisance and/or the required corrective action.
2. Upon entering into a voluntary correction agreement, the person responsible for the public nuisance waives the right to an appeal of the enforcement officer’s finding of public nuisance and the required corrective action as provided at Section Nine herein.
3. The City shall have the right to inspect the subject property to determine compliance with the terms of the voluntary correction agreement.
4. An extension of the time limit for correction of a modification of the required corrective action may be granted by the enforcement officer if the person responsible for the public nuisance has shown due diligence and/or substantial progress in abating the public nuisance, but unforeseen circumstances render abatement under the original conditions unattainable within the time limit for correction.
5. The City may abate the public nuisance in accordance with Section Eight if the terms of the voluntary correction agreement are not met or, if applicable, in accordance with Section Ten.
6. If the terms of the voluntary correction agreement are not met, the person responsible for the public nuisance shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with Section Eleven, plus all costs and expenses of abatement as set forth at Section Ten. (Ord. 1720, §4, 2013).