(A) Any property owner shall be issued a warning, or a citation as provided in subsection (B) of this section in the event of a violation of this Chapter 52, whether or not the said owner is the occupant of the property or has authorized one or more other individuals to occupy the said property.
(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, 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 also be sent to the owner's or property manager’s, if any, address indicated on the most recent rental registration application. In the event that the owner’s property is occupied by someone other than the owner, the owner shall be responsible for obtaining continued compliance with this Chapter 52 by that occupant. Warnings and citations shall be deemed given and effective on the date the 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; Am. Ord. 9475, passed 4-16-24)