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(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(a) First offense: $20;
(b) Second offense of violating any section of § 50.01 occurring within a 12-month period: $50;
(c) Third offense of violating § 50.01 (C) within a 12-month period: $100; and
(d) Fourth or subsequent offense of violating any section of § 50.01 occurring within a 12-month period: $250.
(2) Additions to penalties. In addition to the penalties set forth above in division (B)(1), a person violating § 50.01(C)(2), shall forfeit all refuse containers, recycling containers, and/or yard waste containers removed and disposed of by the town, whether an ordinance violation charge is issued or not.
(3) Court costs. In addition to the penalties set forth above, any person found to have violated any provision of § 50.01 shall be liable for payment of court costs.
(4) Injunctive relief. Nothing herein shall be construed as limiting the right of the Town of Chandler to seek injunctive relief to prohibit continuing violations.
(Ord. 2005-7, passed 7-18-2005)
(C) (1) Violation penalties.
(a) A person who violates §§ 50.15 et seq. shall be subject to the following penalties:
1. First offense: $100;
2. Second offense: $200; and
3. Third or any subsequent offense: $500.
(b) Each day that a violation exist beyond the time frame established for correction shall constitute a separate violation.
(c) In addition to the monetary penalties provided in division (C)(1)(a) above, a court, upon application of the Town of Chandler, may enter injunctive relief to prevent further violations of §§ 50.15 et seq.
(2) Violation abatement time frame.
(a) A first offense violation issued under the provisions of §§ 50.15 et seq. shall be abated within 30 days from the date of notice as provided in §§ 50.15 et seq. unless the Department of Storm Water Management approves an extension of compliance not to exceed an additional 30 days. The extensions for abatement shall be requested in writing by the property owner, stating among other things, the reason(s) the extension should be granted. Extensions for abatement shall be at the sole discretion of the Department of Storm Water Management.
(b) First offense violations not abated within the time frame established by the Department of Storm Water Management shall constitute a second violation and therefore be subject to the second offense penalty. An additional 30 days of abatement shall be granted for a second offense violation with no opportunity to request an extension.
(c) Second offense violations not abated within the time frame established by the Department of Storm Water Management shall constitute a third violation and therefore be subject to the third offense penalty. An additional 30 days of abatement shall be granted for a third offense violation, with no opportunity to request an extension.
(d) Violations that continue beyond the third offense abatement time frame shall be subject to the terms of division (C)(1)(c) above.
(a) Whenever the Department of Storm Water Management learns that a possible violation of §§ 50.15 et seq. has occurred, a preliminary determination of probable cause to believe a violation has occurred shall be made by the Department. After the determination, a written notice of the violation shall be served upon the owner of the property upon which the violation exists. The notice shall state the time frame for compliance and penalty assessment as per division (C) above. The notice shall also state that if the property is not brought into compliance within the time frame for compliance, another offense and penalty shall be assessed as per division (C) above. The notice shall also state that if the bringing of the property into compliance is required to be undertaken by the Department of Storm Water Management or its agents or contractors, the owner of the property shall be liable for the costs incurred by the Town of Chandler in taking corrective action as well as the estimated costs in research of ownership, processing costs and other administrative expenses incurred by the Town of Chandler and the Department of Storm Water Management in processing the matter. The notice must also state that if the premises are enclosed by a locked gate or other barricade, the lock shall be removed in order to gain access to the property for taking the corrective action(s) required.
(b) No notice shall be required prior to undertaking corrective action by the town through a contractor or through the town's own work force if the action constituting a violation poses a substantial risk of injury or death to any person, damage to upstream or downstream property, damage to the right-of-way, or threatens the use of the public right-of-way or drainage easement. In the event, anyone authorized to issue citations may issue the citation and the Department of Storm Water Management may take the corrective action necessary to alleviate the violation all at the cost of the person responsible for the violation. To this end, this procedure shall be treated as an emergency procedure.
(c) Any of the following shall constitute sufficient notice:
1. Sending a copy of the notice by certified mail to the owner at the owner's address;
2. Delivering copy of the notice to the owner or either of the owners if there be multiple owners, personally; and
3. By leaving a copy of the notice at the dwelling or usual place of abode of the owner and by mailing a copy by first class mail to the address of the owner.
(d) The notice shall be deemed to have been given upon any of the following:
1. The date of personal service to 1 or more of the owners;
2. The date of mailing of notice by ordinary to the mail when a copy has been left at the owner's address; and
3. The date of deposit in the United States of mail of notice by certified mail.
(Ord. 2004-11, passed 11-15-2004)