(A) Littering the premises of another and/or litter from transport or travel on public ways.
(1) Any person found to violate § 90.04(A) of this chapter in any manner shall be subject to a fine in the following amounts:
(a) Fifty dollars for first violation;
(b) One hundred dollars for second violation; and
(c) Two hundred fifty dollars for third or greater violation within a 12-month time period.
(2) The enforcement personnel citing the violation shall issue a citation in the form set forth in Attachment “A” of the ordinance codified herein. The citation shall include notice that the recipient may admit or deny the alleged violation subject to the provisions in divisions (A)(2)(a) and (A)(2)(b) of this section. Any person receiving such a citation shall appear in person before the Violation Clerk to either admit or deny the violation within seven days of the date of the issuance of the citation.
(a) If the recipient admits the violation, he or she shall be subject to payment of the penalty as provided above. All such payments shall be made within seven days of the date of the citation.
(b) If the recipient denies the violation, he or she shall request a hearing in front of the Hearing Board. The hearing shall be conducted at the next regular meeting of the Board. Notice of the date and time of the hearing shall be provided to recipient.
(c) The Hearing Board conducting a hearing under this section shall determine whether a violation of this chapter has been proven by a preponderance of the evidence. Upon a finding that a violation of this chapter has been committed, the Board shall enter an order requiring the alleged violator to pay the fine provided in division (A)(1) above.
(3) A citation issued under this section shall be provided to the recipient and a copy of the citation shall be forwarded to all other enforcement authorities. The issuing enforcement authority shall notify the remaining enforcement authority as to all actions taken with regard to the cited violation.
(B) Maintenance of property.
(1) Any person found to violate § 90.04(B) of this chapter in any manner shall be subject to a fine of not more than $2,500. Each day any such violation is committed or permitted to continue may constitute a separate offense and shall be punishable as such hereafter.
(2) In addition to the penalties described in division (B)(1) above of this section, the county, by appropriate action, may seek injunctive relief, requesting the court to enjoin or order the abatement of any violation of this chapter.
(3) The enforcement personnel citing a violation under § 90.04(B) of this chapter shall issue a notice in the form set forth in Attachment “B” of the ordinance codified herein. The notice shall include a description of the alleged violation and notice to the recipient that failure to abate the violation within 15 days may result in the pursuit of an action by the county in a court of appropriate jurisdiction as well as the imposition of additional fines up to $2,500 for each violation.
(4) The notice shall also include notice that the recipient may deny the alleged violation. Any person receiving such a notice shall appear in person before the Violation Clerk to deny the violation within seven days of the date of the issuance of the citation.
(a) If the recipient denies the violation, he or she shall request a hearing in front of the Hearing Board. The hearing shall be conducted at the next regular meeting of the Board. Notice of the date and time of the hearing shall be provided to recipient.
(b) The Hearing Board conducting a hearing under this section shall determine whether a violation of this chapter has been proven by a preponderance of the evidence. Upon a finding that a violation of this chapter has been committed, the Board shall enter an order requiring the alleged violator to abate the violation within 15 days of the issuance of the Board’s order and shall impose a fine in an amount to be determined by the Board, but not to exceed $2,500, for each day a violation is found to have occurred.
(5) A notice issued under this section shall be provided to the recipient and a copy of the notice shall be forwarded to all other enforcement authorities. The issuing enforcement authority shall notify the remaining enforcement authority as to all actions taken with regard to the cited violation.
(6) Should any individual fail to comply with the Board’s order to remove the violation within the time period provided, the county, in its sole discretion, may undertake the work necessary to abate the violation, and may either seek reimbursement for the cost of work performed by filing an action in a court of appropriate jurisdiction or file a lien against the subject real estate for the cost of the work performed, until the cost is paid by the party on whose behalf the abatement work was performed.
(7) Failure by the recipient to abate the violation or pay the assessed fine may result in the pursuit of an action by the county in a court of appropriate jurisdiction. The county may recover the cost of removal of the item(s) constituting the violation, the amount of penalty imposed, attorney fees and costs of bringing the action.
(Ord. 2004-16, passed 11-8-2004)