File #: 23-318    Version: 1 Name:
Type: Report Item Status: Agenda Ready
File created: 3/29/2023 In control: Building & Housing Board of Appeals
On agenda: 5/4/2023 Final action:
Title: SUBJECT: Continued Compliance Order Hearing 1717 Laurel Ave REPORT IN BRIEF The Property Owner failed to comply with the requirements of the Compliance Order issued on May 28, 2021. The City is seeking an administrative order to correct violations and payment of administrative penalties and costs and restitution. RECOMMENDATION Issue an administrative order to correct violations, including a schedule for correction if appropriate. Order payment of administrative penalties, administrative costs, and restitution to the City of Merced.
Attachments: 1. Case File Notes, 2. Photos, 3. Citations, 4. Citation Totals

Report Prepared by: Ken Bogle, Community Service Officer, Merced Police Department

Title
SUBJECT: Continued Compliance Order Hearing 1717 Laurel Ave

REPORT IN BRIEF
The Property Owner failed to comply with the requirements of the Compliance Order issued on May 28, 2021. The City is seeking an administrative order to correct violations and payment of administrative penalties and costs and restitution.

RECOMMENDATION
Issue an administrative order to correct violations, including a schedule for correction if appropriate. Order payment of administrative penalties, administrative costs, and restitution to the City of Merced.

Body
ALTERNATIVES
Within 15 days following conclusion of the hearing, the Board shall make findings as to each alleged violation supported by evidence received at the hearing.
1. If the Board finds by majority vote that the preponderance of the evidence demonstrates a violation has occurred and that the violation was not corrected within the time period specified in the compliance order, it shall issue an administrative order imposing any or all of the following:
a. An order to correct, including a schedule for correction where appropriate.
b. Administrative penalty for each violation in an amount not to exceed $2,500.00 per day, the total of all penalties not to exceed $100,000.00 exclusive of administrative costs, interest, and restitution for compliance inspections, due by a date certain.
2. If the Board finds no violation has occurred or that the violation was corrected within the time period specified in the compliance order, the Board shall issue a finding of those facts.
3. The Board may also provide for continuance of the Compliance Order to a future hearing date to provide additional time for the Property Owners to comply with the Compliance Order issued on May 5, 2021.

Authority
The Merced Municipal Code determines that when a violation of any provision of this code occurs or exists, the enforcement officer may issue a writte...

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