(A) Public nuisances.
(1) Fines. Any person found to be in violation of the Public Nuisances subchapter of this chapter shall be guilty of an ordinance violation and shall be subject to a civil penalty of up to $2,500 for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of the Public Nuisances subchapter of this chapter shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies provided elsewhere in the Public Nuisances subchapter of this chapter.
(2) Expenses. The Department may recover reasonable attorney fees, court costs and other expenses associated with the enforcement of the Public Nuisances subchapter of this chapter from any person found to be in violation of the Public Nuisances subchapter of this chapter.
(3) Agreed order. The Zoning Administrator, in the name of the Department, may enter into an agreed order which order may include the payment of a civil penalty and other expenses associated with the enforcement of the Public Nuisances subchapter of this chapter by the Department.
(4) Suit for civil penalties. The Zoning Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the county seeking a judicial determination that the Public Nuisances subchapter of this chapter has been violated and requesting the imposition of civil penalties.
(5) Enforcement of agreed order. The Zoning Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the county seeking to enforce the terms of an agreed order.
(6) Other action. Nothing contained herein shall prevent the Department or Zoning Administrator from taking any other lawful action as is necessary to prevent or remedy any violation of the Public Nuisances subchapter of this chapter.
(B) Weed and rank vegetation control.
(1) Fines. Any person found to be in violation of the Weed and Rank Vegetation Control subchapter of this chapter shall be guilty of an ordinance violation and shall be subject to a civil penalty of up to $2,500 for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of the Weed and Rank Vegetation Control subchapter of this chapter shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies provided elsewhere in the Weed and Rank Vegetation Control subchapter of this chapter.
(2) Expenses. The Department may recover reasonable attorney fees, court costs and other expenses associated with the enforcement of the Weed and Rank Vegetation Control subchapter of this chapter from any person found to be in violation of the Weed and Rank Vegetation Control subchapter of this chapter.
(3) Agreed order. The Zoning Administrator, in the name of the Department, may enter into an agreed order with the approval of the Director which order may include the payment of a civil penalty and other expenses associated with the enforcement of the Weed and Rank Vegetation Control subchapter of this chapter by the Department.
(4) Suit for civil penalties. The Zoning Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the county seeking a judicial determination that the Weed and Rank Vegetation Control subchapter of this chapter has been violated and requesting the imposition of civil penalties.
(5) Enforcement of agreed order. The Zoning Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the county seeking to enforce the terms of an agreed order.
(6) Other action. Nothing contained herein shall prevent the Department, Director or Zoning Administrator from taking any other lawful action as is necessary to prevent or remedy any violation of the Weed and Rank Vegetation Control subchapter of this chapter.
(Ord. 2013-211, passed 5-6-2013; Ord. 2013-220, passed 5-6-2013)