(A) Any person who violates any provision of this Chapter 52 during the period February 1, 2022 through December 31, 2022 shall first be given a written warning for that first violation. Any person who commits an additional violation of Chapter 52 during the aforesaid period shall be issued a citation for each said violation. Commencing on January 1, 2023 and for each calendar year thereafter, any person who violates any provision of this Chapter 52 during the period January 1 through December 31 shall be given a written warning for the first violation in each said calendar year and a citation for each subsequent violation in that calendar year. In event that, multiple violations are noted during the first, inspection in the aforesaid, period or any calendar year thereafter, the warning shall note each such violation. The passing of a calendar year shall, not be deemed or construed as the City's waiver or release of any penalties, imposed under this section during any prior calendar year.
(B) Violations occurring following the issuance of the warning provided for in subsection (A) herein shall be fined as follows:
(1) The fine for a second violation shall be fifty dollars ($50). Notwithstanding immediate foregoing, if the fine for a second violation is paid within ten (10) business days after posting the citation on the City Toter or Other Toter, the fine shall be reduced to twenty-five dollars ($25).
(2) The fine for a third violation and subsequent violations shall be one hundred dollars ($100). Notwithstanding the immediate foregoing, if the fine for a third violation is paid within ten (10) business days after posting the citation on the City Toter or Other Toter, the fine shall be reduced to fifty dollars ($50).
(3) Notwithstanding anything to the contrary stated in subsections (B)(1) and (B)(2), in the event that a single inspection identifies multiple violations of this Chapter, the citation shall note each violation but the fine for the said set of violations shall be no greater than two hundred fifty dollars ($250).
(C) Each day that a violation of this Chapter or set of violations noted on a single inspection continues shall be deemed a separate offense that is punishable as set forth in subsection (B)2) or subsection (B)(3) herein.
(D) Each warning and citation, as the case may be, shall be placed on the City Toter or Other Toter, as the case may be, at the site of the violation. A notice of the issuance of a warning or a citation shall be mailed to the property owner. Notices of the issuance of warnings and citations shal1 include, but not necessarily be limited to, the address at which the violation occurred, the nature of the violation or violations, and the date of the violation. In the event that the City Toter or Other Toter is at a property that is registered pursuant to the City's Rental Registration Ordinance, warnings and citations shal1 be sent to the owner's or property manager’s address indicated on the most recent rental registration application. Warnings and citations shall be deemed having been given and effective on the date that the said warning or citation is placed on the City Toter or Other Toter. The mailed notice that a warning or a citation has been issued shall be deemed a courtesy and convenience to the property owner.
(E) In the event the City cleans up any debris caused by a City Toter or Other Toter that is improperly filled with solid waste as described in this Chapter, the City, shall have the right to charge and collect from the property owner the reasonable costs that the City incurred in undertaking said solid waste clean-up in addition to any fine and other costs imposed.
(F) In addition to any fines and clean-up costs imposed pursuant to this section, anyone found liable for a violation(s) of this Chapter shall pay all costs incurred by the City in prosecuting the vio1ation, which shall include, but shall not necessarily be limited to, the costs associated with an administrative adjudication proceeding and/or collection proceeding and reasonable attorney's fees.
(Ord. 9358, passed 12-21-21)