1.40.060 Voluntary correction agreement.
A. When the department director deems it appropriate, the notice of violation and corrective order may include a proposed voluntary correction agreement and the date by which the agreement must be signed.
B. The voluntary correction agreement shall be a contract between the city and the responsible party under which such person agrees to correct and abate the violation within a specified time, according to specified conditions. The voluntary correction agreement may provide for:
1. Correction and abatement of the violation by a date certain;
2. Accrual of the applicable civil penalties from the date of the agreement and continuation of penalties until the violation is corrected and abated, if the responsible party breaches the agreement;
3. A safe harbor provision if the violation cannot be corrected and abated because of unforeseen circumstances not within the control of the responsible party;
4. City abatement of the violation and recovery of its costs and expenses (including attorney fees, expert witness fees and court costs) if the agreement is breached;
5. Other terms deemed appropriate by the department director; and
6. A waiver of the right to appeal the department director’s determination of violation and/or the required corrective action.
C. Upon execution of a voluntary correction agreement by the responsible party and the department director, the city’s enforcement action relating to the violation shall be tolled for the term of the agreement. If the responsible party fully satisfies the terms of the voluntary correction agreement and corrects and abates the violation as required by the agreement, no civil penalties shall accrue to the responsible party, and no further enforcement proceedings on the subject violation shall be pursued by the city against the responsible party.
D. Upon execution of a voluntary correction agreement, the responsible party shall be deemed to have waived the right to appeal the determination of violation and/or order of corrective action.
E. If the responsible party breaches the voluntary correction agreement and/or fails to fully satisfy its terms by the deadlines set forth in the agreement, the civil penalties set forth in the agreement shall begin to accrue as of the date of execution of the agreement, and shall continue to accrue until such violation is fully corrected and abated. (Ord. 3197 § 1, 2016; Ord. 2796 § 6, 2009)