(A) (1) A judgment of violation of the provisions of this chapter entered against a person shall subject the person to a penalty of not less than $100 and not more than $2,500. Each day shall constitute a separate violation. Any police officer who observes the violation of this chapter shall issue to the individual a citation and advise that such person may, within seven days from the date of such notice, pay to the Clerk-Treasurer (the Violations Clerk), as a fine for and in full satisfaction of such violation, the sum of $75. Upon failure of the individual 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 Violations Clerk on or before the date and time set forth on the citation, the individual who has been issued said citation shall be subject to the general penalties provided for violations of this chapter. All fines received for violations of this chapter shall be deposited into the town’s General Fund pursuant to applicable law.
(2) If suit is filed, fines judgment may be entered in the amount of not less than $100 nor more than $2,500. Each day shall constitute a separate violation.
(B) 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 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 in 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.
(C) The town or designated enforcement official may file a lawsuit as provided by applicable law to enforce the terms and provisions of this chapter if a person who receives a citation fails to:
(1) Pay the assessed fine within 45 days after the issuance of a citation;
(2) File a petition as prescribed above; or
(3) Give notice of his or her intention to stand trial as prescribed above.
(D) 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 or action taken under state law.
(E) 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, § 93.13) (Ord. 2003-05, passed 9-1-2003; Ord. 2017-4, passed 6-19-2017)