The following procedure shall be applied by the town in the assessment and collection of civil penalties.
(A) Civil penalties may not be assessed until the responsible entity in violation has been notified in accordance with division 4.5.3, Enforcement Procedures.
(B) If after receiving a written notice of violation under division 4.5.3, Enforcement Procedures, the responsible party fails to take corrective action or file an appeal, a civil penalty may be imposed in accordance with this section.
(C) Notice of the civil penalty assessment shall be served in the same manner as a notice of violation.
(D) The assessment notice shall state the nature of the violation, the civil penalty to be imposed upon the responsible party, and shall direct the responsible party to pay the civil penalty within 30 days of the date of the notice.
(E) Separate notices must be provided for the first or second violations. The town may, in its
discretion, treat the first notice for a violation as the final notice for chronic violators.
(F) Civil penalties may be assessed until compliance is achieved.
(G) If compliance is not achieved, then the town shall make a written demand for payment of penalties that have accrued while the property has been in violation.
(H) The demand for payment shall be sent to the responsible party in violation and must include a description of the violation for which the civil penalties have been imposed.
(I) Payment of the penalty shall not constitute a remedy for the violation.
(J) If payment is not received or an equitable settlement reached within 30 days after demand for payment is made, the town may recover any unpaid civil penalty by filing a civil action in the nature of debt.
(Ord. A.24.06, passed 10-3-2024)