§ 87-120. BOARD OF SUPERVISORS HEARING TO ESTABLISH CIVIL PENALTIES

(a)

The public official may request a hearing before the board of supervisors to consider imposing a civil penalty in an amount or at a time different than provided for in Section 87-130. Notice of the hearing shall be sent by first class mail postage prepaid to the persons to whom the penalty is to be imposed against.

(b)

The notice shall state the date, time and place of the hearing, which in no event shall be sooner than ten days from the date of mailing and posting such notice unless mutually agreed to by the property owner or responsible party and the public official, the specific violations, conditions, or uses which constitute the code violation on which the penalty is based.

(c)

The failure of any property owner, responsible party, mortgagee, trust deed beneficiary or other person to receive any notice required to be given or posted pursuant to the provisions of this chapter shall not affect in any manner the validity of any proceedings taken hereunder.

(d)

At the time fixed in the notice, the board of supervisors shall proceed to hear testimony from any interested person regarding the specified violation, condition or use deemed by the public official to be the basis for the proposed administrative penalty, and any other matter which the board of supervisors may deem pertinent thereto.

(e)

Upon the conclusion of the hearing, the board of supervisors will make a determination based on the evidence presented at the hearing, and may impose a civil penalty without regard to the limits in Section 87-130, which shall thereafter be collected pursuant to this chapter.

(f)

The decision of the board of supervisors shall be final and the administrative penalty payable immediately.