§ 8114-3.7.3. Notice of increase in civil penalties.

Notwithstanding an appeal of a previously imposed penalty pursuant to Section 8114-3.7.5 of this article, the Enforcement Officer may increase the amount of the penalty if the violation continues uncorrected and the circumstances warrant an increase considering the factors set forth in Section 8114-3.7.4 of this article. To impose the increase, the Enforcement Officer must first serve a Notice of Increase in Civil Penalties upon the violator that shall state: (1) the amount of the increase of the daily civil penalty; (2) the effective date of the increase, which date shall not be less than thirty (30) days from the date of service of the notice; and (3) that the amount of the increase, if contested, may be appealed, but only in accordance with Section 8114-3.7.5 of this article. The amount of the penalty then in effect prior to the increase may not be appealed.

(Rep. & Reen. Ord. 4354—12/5/06)