(c) If the division finds by a written determination that a violation of the act,
this part 11, or a rule has not occurred, the division shall deliver a written notice of
nonviolation to both the complainant and the respondent by certified mail. The
notice of nonviolation must include the basis for the division's determination and
the process for contesting the determination included in the notice of nonviolation
by means of an administrative hearing.
(5) The respondent must comply with the requirements of a notice of
violation from the division within seven days of the notice of violation becoming a
final agency order under either subsection (7)(b) or (9)(b) of this section, except as
required otherwise by the division, unless the respondent has submitted a timely
request for an administrative hearing to contest the notice under subsection (7) of
this section. If a respondent fails to comply with the requirements of a notice of
violation within the required time period and the division has not received a timely
request for an administrative hearing, the division may impose a penalty, up to a
maximum of five thousand dollars per violation per day, for each day that a violation
remains uncorrected. When determining the amount of the penalty to impose on a
respondent, the division shall consider the severity and duration of the violation and
the impact of the violation on other community residents. If the respondent shows,
upon timely application to the division, that a good faith effort to comply with the
requirements of the notice of violation has been made and that the respondent has
not complied because of mitigating factors beyond the respondent's control, the
division may delay or dismiss the imposition of a penalty.