(A) Civil penalties for violation.
(1) Violations of the rules and regulations set forth in this chapter shall constitute a civil offense and an enforcement officer may issue a citation to the person found to be in violation of these sections of the chapter, in accordance with the applicable procedures set forth in Ch. 92 of this code of ordinances. In the event a citation is issued, the citation shall bear a civil penalty in accordance with the fines established in division (E) below, the costs of abatement, or both.
(2) As an alternative to the imposition of civil fines, any person violating the provisions set forth in division (A)(1) above shall be guilty of a misdemeanor and, in addition to or in lieu of any other penalty, the person may be in the sound discretion of the court, directed by the court to pick up and remove from any public place or any private property, with permission of the owner or the person in possession of the property, upon which it is established that the person has deposited litter, any and all litter deposited thereof by anyone prior to the date of the execution of sentence. Violation of any portion of these chapter sections is punishable by a fine of not less than $100 or more than $500 and for the removal of litter from areas designated by the courts. Each and every day during which a stationary violation continues, except in cases in which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense.
(3) As an alternative to the imposition of civil fines, the person responsible for violation of § 95.110 of this chapter in relation to a hazardous material release in an amount exceeding the reportable quantity shall be deemed guilty of a misdemeanor and may be fined not more than $500 per day or imprisoned in the county jail for not more than one year, and if the release involved willful violation, negligence or repeated spills under similar conditions and where a significant quantity of hazardous material is involved taking into account real or potential damage to the environment and threat to the public health. Every incident giving rise to such a release shall constitute a separate offense; however, no person shall be held responsible for more than one violation per day where the violations occur at the same facility and are casually related.
(4) As an alternative to the imposition of civil fines, any person who fails to notify the Police/ Fire Dispatch Center as required by § 95.050 of this chapter shall be deemed guilty of a misdemeanor and may be fined not more than $500 or imprisoned in the county jail for not more than one year.
(1984 Code, § 95.61)
(B) Civil fines; residential owners and commercial end users. Violations of this chapter shall constitute a civil offense and an enforcement officer may issue a citation to the person found to be in violation of these sections of the chapter, in accordance with the applicable procedures set forth in Ch. 92 of this code of ordinances. In the event a citation is issued, the citation shall bear a civil penalty, in accordance with the fines established in division (E) below, the costs of abatement, or both. Each day that a violation continues to exist after a citation has been issued in accordance with the applicable procedures set forth in Ch. 92 of this code of ordinances may be deemed a separate offense, but in no event shall the fine exceed $10,000 for any one violation.
(1984 Code, § 95.62)
(C) Civil fines; industrial users. Violations of this chapter shall constitute a civil offense and an enforcement officer may issue a citation to the person found to be in violation of this chapter, in accordance with the applicable procedures set forth in Ch. 92 of this code of ordinances. In the event a citation is issued, the citation shall bear a civil penalty in accordance with the fines established in division (E) below, the costs of abatement, or both. Each day that a violation continues to exist after a citation or notice of violation has been issued in accordance with the applicable procedures set forth in Ch. 92 of this code of ordinances may be deemed a separate offense, but in no event shall the fine exceed $10,000 for any one violation.
(1984 Code, § 95.63)
(D) Penalties for repeat violators. For each distinct parcel, any owner who has been found to have violated, or on whose parcel an occupant or end user has been found to have violated any provision of this chapter on more than three occasions within a 12-month period may be subject to additional civil penalties for any subsequent violations. This includes, but is not limited to, an automatic doubling of the fines for any violations in excess of three violations within a 12-month period; provided, however, that, no fine for any violation shall exceed $10,000.
(1984 Code, § 95.64)
(E) Civil fines. Violations of this chapter which have been designated as enforceable as civil offense shall be subject to the following schedule of civil fines:
(1) If a citation for a violation of this chapter is not contested by the person charged with the violation, the penalties set forth in this division (E) apply:
RESIDENTIAL SERVICES
|
RESIDENTIAL SERVICES
| |
95.005(B) Collection times | $25 |
95.005(C) Placement of carts | $25 |
95.005(D) Removal of carts | $25 |
95.005(E) Placement of stored cards | $25 |
95.005(F) Trash disposal | $25 |
95.005(G) Recycling | $25 |
95.005(H) Loading of carts | $25 |
95.006(B) Bulk item specifications | $25 |
95.006(C) Placement of bulk items | $25 |
95.006(D) Special pick-ups | $25 |
95.006(E) Use of private receptacle | $25 |
95.007(A) Use of unassigned carts | $50 |
95.007(B) Overloaded carts | $50 |
95.007(C) Unscheduled set out | $50 |
95.007(D) Improper storage | $50 |
95.007(E) Unauthorized use of carts | $50 |
95.007(F) Unauthorized waste | $75 |
COMMERCIAL SERVICES | |
95.020(D) Placement and screening | $100 |
95.020(E) Maintenance | $100 |
95.021(A) Bagging of waste | $50 |
95.021(B) Excessive items | $75 |
95.021(C) Unauthorized waste | $100 |
95.022(B) Frequency of service/max. carts | $50 |
95.022(C) Placement of carts | $50 |
95.022(D) Interruption of services | $100 |
INDUSTRIAL SERVICES | |
95.035(A) Permitting and placement | $50 |
95.035(C) Frequency of service | $50 |
95.035(D) Maintenance | $100 |
95.035(E) Special pick-ups | $50 |
95.035(F) Unauthorized waste | $100 |
95.035(G) Dangerous disposal | $100 |
LITTER PROHIBITED | |
95.058 Scattering solid waste prohibited | $25 |
95.059 Burning prohibited | $100 |
95.075(A), (B) Litter generally | $30 |
95.076(A) - (D) Private receptacles | $100 |
95.077(A) Public receptacles, private use | $50 |
95.077(C) Private property | $25 |
95.077(D) Business premises | $50 |
95.078 Removal of litter | $100 |
95.079(A), (B) Litter in parks/water | $25 |
95.080(A) Littering on private property | $50 |
HAZARDOUS WASTE | |
95.096, 95.097 Permits/prohibited acts | $2,000 |
95.110(E), (F) Reporting | $5,000 |
(2) If the citation is contested and a hearing before the Code Enforcement Board is required, the following maximum penalties may be imposed at the discretion of the Code Enforcement Board:
RESIDENTIAL SERVICES | |
95.005(B) Collection times | $50 |
95.005(C) Placement of carts | $50 |
95.005(D) Removal of carts | $50 |
95.005(E) Placement of stored cards | $50 |
95.005(F) Trash disposal | $50 |
95.005(G) Recycling | $50 |
95.005(H) Loading of carts | $50 |
95.006(B) Bulk item specifications | $50 |
95.006(C) Placement of bulk items | $50 |
95.006(D) Special pick-ups | $50 |
95.006(E) Use of private receptacle | $50 |
95.007(A) Use of unassigned carts | $100 |
95.007(B) Overloaded carts | $100 |
95.007(C) Unscheduled set out | $100 |
95.007(D) Improper storage | $100 |
95.007(E) Unauthorized use of carts | $200 |
95.007(F) Unauthorized waste | $150 |
COMMERCIAL SERVICES | |
95.020(D) Placement and screening | $200 |
95.020(E) Maintenance | $200 |
95.021(A) Bagging of waste | $100 |
95.021(B) Excessive items | $150 |
95.021(C) Unauthorized waste | $200 |
95.022(B) Frequency of service/ max. carts | $100 |
95.022(C) Placement of carts | $100 |
95.022(D) Interruption of services | $200 |
INDUSTRIAL SERVICES | |
95.035(A) Permitting and placement | $100 |
95.035(C) Frequency of service | $100 |
95.035(D) Maintenance | $200 |
95.035(E) Special pick-ups | $100 |
95.035(F) Unauthorized waste | $200 |
95.035(G) Dangerous disposal | $200 |
LITTER PROHIBITED | |
95.058 Scattering solid waste prohibited | $25 |
95.059 Burning prohibited | $100 |
95.075(A), (B) Litter generally | $30 |
95.076(A) - (D) Private receptacles | $100 |
95.077(A) Public receptacles, private use | $50 |
95.077(C) Private property | $25 |
95.077(D) Business premises | $50 |
95.078 Removal of litter | $100 |
95.079(A), (B) Litter in parks/water | $25 |
95.080(A) Littering on private property | $50 |
HAZARDOUS WASTE | |
95.096, 95.097 Permits/prohibited acts | $2,000 |
95.110(E), (F) Reporting | $5,000 |
(1984 Code, § 95.65)
(F) Liens. The city shall possess a lien on real property owned by the person found by a non- appealable final order as defined within § 92.03 of this code of ordinances or by a final judgment of a court to have committed a violation of a city ordinance. Such lien shall include all civil fines, charges, fees and abatement costs incurred by the city. The requirements of § 92.20 of this chapter relating to the perfection of the city’s lien interest shall be followed.
(1984 Code, § 95.66)
(Ord. O-48-15, passed 12-8-2015; Ord. O-33-16, passed 11-15-2016; Ord. O-35-18, passed 8-28-2018)