2.15.130 Voluntary correction agreement.
When the Health Officer determines that a violation has occurred or is occurring, he or she may attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where possible, explaining the violation and requesting correction.
A. Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with the Health Officer. The voluntary correction agreement is a contract between the Health Officer and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. The name and address of the person responsible for the alleged violation;
2. The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged violation has occurred or is occurring;
3. A description of the alleged violation and a reference to the regulation which has been violated;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the person responsible for the alleged violation that the Health Officer may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
6. An agreement by the person responsible for the alleged violation that the Health Officer may enter the property to abate the violation and recover its costs and expenses (including administrative, hearing and removal costs) from the person responsible for the alleged violation if the terms of the voluntary correction agreement are not satisfied;
7. An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to an appeal under these regulations or otherwise, regarding the matter of the alleged violation and/or the required corrective action; and
8. An agreement that establishes a daily fine be imposed for each and every day after the date and time the alleged violation was to be corrected.
B. Right to Appeal Waived. By entering into a voluntary correction agreement, the person responsible for the alleged violation waives the right to an appeal under these regulations or otherwise, regarding the matter of the violation and/or the required corrective action.
C. Extension and Modification. The Health Officer may, at his or her discretion, grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the alleged violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances have delayed correction under the original conditions.
D. Abatement by the Health Officer. The Health Officer may cause the violation to be abated if all terms of the voluntary correction agreement are not met and all costs associated therewith shall be assessed against the person responsible.
E. Collection of Costs. In the event the person responsible fails to abide by the terms of the voluntary correction agreement, all cost and expense of correcting the condition, which constitutes a violation of these regulations, including inspection costs, administrative costs and, if applicable, out-of-pocket expenses incurred for the abatement of the violation, shall be assessed against the person responsible. Furthermore, administrative costs shall also include attorney’s fees incurred by the Health Officer to enforce the terms and conditions of the voluntary correction agreement. [Res. 04-06. Prior code § 3.1(XIII)].