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(A) Penalty for failure to comply with abatement order. Any person failing to comply with an order of abatement issued pursuant to this article, where no appeal is taken within the prescribed time, or after ratification of the order on appeal, shall be subject to a civil penalty in the amount of $50 per day for so many days as the person remains in violation until such date as the nuisance is abated, up to a maximum of ten days.
(B) Penalty for second and subsequent violations. Upon second and subsequent violations of the same provision of this chapter by a person within 12 months of that person receiving a notice of violation under this chapter, a civil penalty of $100 shall be assessed upon the issuance of the notice of violation. If the nuisance is not abated within the prescribed time period, the person shall be guilty of a misdemeanor and subject to a fine of up to $500. In addition, the offender shall be subject to a civil penalty in the amount of $100 per day for so many days as the person remains in violation until such date as the nuisance is abated, up to a maximum of ten days. For purposes of this division, the “same provision” of this chapter means any one of §§ 80.05(A) through (O) of this chapter; and a violation of any of the subparts of § 80.05(F) shall be considered a violation of the same provision (that is, § 80.05(F)) of this chapter.
(C) Appeal of civil penalty. An appeal of a civil penalty must be filed in writing with the Town Manager within ten days after service of a written demand for payment. The written appeal shall provide the reasons the petitioner contends that the civil penalty was wrongly applied and any supporting documentation.
(1) Within ten days of receiving a request for review, the Town Manager shall hold a hearing to review the civil penalty. At this hearing, all interested persons shall be heard and may offer evidence and be represented by an attorney. The hearing shall be conducted in an informal manner and the rules of evidence shall not apply; provided, that the decision of the Town Manager shall be based upon substantial and reliable evidence. The Town Manager may reduce the penalty if the Town Manager determines that:
(a) The appellant has acted in good faith; and
(b) The failure of the appellant to correct a violation is the result of circumstances beyond the appellant's control; or
(c) There are other circumstances which make the amount of the presumptive civil penalty unfair in that particular case.
(2) Rather than reviewing an appeal, the Town Manager, in his or her sole discretion, may for good cause refer the review of a civil penalty to the Town Council.
(Ord. passed 12-16-2019)