(A) A user who has violated, or continues to violate, any provision of this chapter or an order issued hereunder shall be liable to the town for a civil penalty of not more than $2,500 per violation. A new and separate violation shall be deemed to exist for each day on which a volatile act or condition continues.
(B) In lieu of the foregoing provision, any police officer who observes the violation of any provision of this chapter may issue a citation to the owner advising that such person may, within seven days from the date of such citation, pay to the Clerk-Treasurer (the Violations Clerk), as a fine for and in full satisfaction of such violation, the sum of $75. Upon the failure of the owner to make such payment within the seven-day period, the original fine shall increase from $75 to $100. If this enhanced fine is not paid in full through the Clerk-Treasurer (the Violations Clerk), on or before the date and time set forth on the citation, the owner who has been issued said citation shall also be subject to the general penalties provided for violations of the provisions of this chapter.
(C) The Violations Clerk shall receive, receipt, and account for the payment of the civil penalties under procedures provided for by the State Board of Accounts.
(D) A person who receives a citation for a violation may elect to stand trial for the violation by indicating on the citation his or her intent to stand trial and returning a copy of the citation to the Clerk-Treasurer (the Violations Clerk). The returned copy of the citation shall serve as notice of the person’s intent to stand trial, and the issuance of additional citations and additional monetary fines as prescribed this chapter shall be stayed upon receipt of the notice. The notice shall be given at least five days before the date that payment of the citation is due as set forth below. On receipt of the notice of intention to stand trial, a lawsuit may be commenced by the town or appropriate enforcement official as provided by applicable law to enforce the terms and provisions of this chapter.
(E) If a person who receives a citation fails to do the following, the town or designated enforcement official may file a lawsuit as provided by applicable law enforce the terms and provisions of this chapter:
(1) Pay the assessed fine within 45 days after the issuance of a citation;
(2) File a petition as previously prescribed; or
(3) Give notice of his or her intention to stand trial as previously prescribed.
(F) Seeking a civil penalty as authorized in this section does not preclude the designated enforcement entity from seeking alternative and additional relief from the court in the same action, or from seeking injunctive relief or any other remedy in a separate action for the enforcement of this chapter adopted or action taken under state law.
(G) In the event that a violation of this chapter is determined to exist by a court of competent jurisdiction, the owner shall be liable to the town for the town’s reasonable attorney fees and court costs.
(2011 Code, § 52.07) (Ord. 2008-2, passed 5-19-2008)