(A) Trial for violations. 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 an appropriate enforcement official as provided by applicable law to enforce the terms and provisions of this chapter.
(B) 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 to 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 prescribed above; or
(3) Give notice of his or her intention to stand trial as prescribed above.
(C) Seeking a civil penalty as authorized in this chapter 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.
(D) 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, § 33.05) (Ord. 2003-06, passed 10-6-2003)