§ 2-682. Mitigation guidelines; court costs.

(a)

The special magistrate shall not consider any mitigation request until compliance is achieved by the applicant. If compliance is not possible, the special magistrate shall make specific written findings to that effect.

(b)

The special magistrate shall consider the amount of time in which compliance was achieved by the applicant as follows:

(1)

If compliance was achieved within 60 days of the imposition of the daily fine, the fine shall not be mitigated or discounted by more than 90 percent.

(2)

If compliance is achieved within 61 to 120 days of the imposition of the daily fine, the fine shall not be mitigated or discounted by more than 50 percent.

(3)

If compliance is achieved within 121 to 180 days of the imposition of the daily fine, the fine shall not be mitigated or discounted by more than 20 percent.

(4)

No mitigation shall be considered if compliance was achieved more than 180 days from the imposition of the daily fine.

(c)

The special magistrate may consider relevant aggravating factors frustrating compliance in consideration of subsection (b) above. In the event the special magistrate deviates from the guidelines specified in this section, specific written findings shall be entered into the record to that effect.

(d)

Other factors that may be considered by the special magistrate include:

(1)

Severity of the underlying violation;

(2)

Effect the violation has had on the neighbors and neighborhood.

(e)

The special magistrate shall impose court costs in every case brought to hearing unless it can be demonstrated by the violator that compliance was achieved at a reasonable time prior to hearing and reasonable efforts were made on behalf of the violator to inform the code compliance officer.

(Ord. No. 09-17, § 1, 9-1-2009)