§ 2-69.3.6. Waiver of hearing procedure; stipulation and agreed order.

(a)

In the event that a violator agrees with the violations contained on the notice of violations, but requests more time to correct the violations, the violator shall have the option to enter into a voluntary stipulation wherein the violator agrees to the violations and waives the violator's right to all further hearings before the special magistrate. The violator shall then have additional time as agreed to between the violator and the code officer to correct the violations before any fine begins to run.

(b)

The stipulation must be in writing and on a form provided to the violator by the code officer. The stipulation shall indicate that the waiver of hearing is solely at the option of the violator, and that the violator has an absolute right to have a hearing before the special magistrate. The stipulation shall further contain the date that the violator must correct the violations before a fine commences to run, and shall state the amount of the daily fine if the violation is not corrected by the correction date. The violator shall pay the stipulation fee, set by resolution, prior to the officer approving the stipulation. Based upon the specific facts of each case, administrative costs and fees associated with the violator's case up to the date of the stipulation may be waived by the city. If a waiver of administrative costs and fees or a reduction thereof is agreed upon, such language shall be included in the stipulation.

(c)

By signing the stipulation, the violator agrees to the entry of an agreed order approving the stipulation. The violator is not required to be present at the hearing at which the stipulation is reviewed by the special magistrate. The order shall provide that the stipulation shall have the same effect as an order entered by the special magistrate imposing a fine and creating a lien in the event that the violator does not correct the violations by the correction date or otherwise fails to timely and fully comply with the terms of the stipulation. If administrative costs have been waived or reduced in the stipulation, the order may provide that the administrative costs and/or reinspection fees are to be paid, in full, by the violator if the violator fails to timely and fully comply with the terms of the stipulation.

(d)

In the event the special magistrate does not approve the stipulation, the violator shall not be prejudiced for not appearing at the hearing and shall be given additional reasonable time for compliance and shall be issued a notice of hearing to appear at the next available hearing. Said notice shall be sent by regular U.S. Mail to the address contained on the stipulation.

(e)

The stipulation shall not waive the violator's right to request a lien reduction hearing if a lien is imposed as a result of the stipulation.

(Ord. No. 2001-11, § 1, 6-19-01; Ord. No. 2003-37, § 1, 10-21-03; Ord. No. 2006-07, § 1, 3-7-06; Ord. No. 2013-26, § 12, 5-21-13)

Editor's note

Ord. No. 2013-26, § 12, adopted May 21, 2013, changed the title of section 2-69.3.6 from "Waiver of hearing procedure" to "Waiver of hearing procedure; stipulation and agreed order." The historical notation has been preserved for reference purposes.