§ 30-30.5 FAILURE TO COMPLY WITH RESPONSIBILITY FOR COSTS.

   Any such person or entity which fails to comply with § 30-30.4 hereof shall be liable to and shall pay the City for its costs and expenses, including the costs incurred by the City to any party which it engages, for the complete abatement, clean up and restoration of the affected area. Costs incurred by the City shall include, but shall not necessarily be limited to, the following: actual labor costs of City personnel, including workers’ compensation benefits, fringe benefits, administrative overhead; cost of equipment operation, cost of materials obtained directly by the City; and cost of any contract labor and materials.

   Costs under this section shall not include actual fire suppression services which are normally provided by the City.

(Ord. 3138, passed 6-25-1990)

§ 30-30.6 FAILURE TO PAY COSTS OF CLEANUP; REMEDIES OF CITY.

   If any person or entity fails to reimburse the City as above provided, and such person or entity is the owner of the affected property, the City shall have the right and power to add any and all costs of cleanup and restoration to the tax roll as to the property, and to levy and collect the costs in the same manner as provided for the levy and collection of real property taxes against the property. The City shall also have the right to bring an action in the appropriate court to collect the costs if it deems such action necessary.

(Ord. 3138, passed 6-25-1990)

§ 30-31 LIMITATION.

   This chapter shall not be construed to repeal, suspend or modify the provisions of any other provision of this Code or any other ordinance of the City relating to the abandonment or keeping of items or materials of any kind which are hazardous to public health, safety or welfare upon any premises, nor to hinder or limit availability of injunction against the storage, accumulation or maintenance of the items or materials.

(Ord. 2624-B, passed 4-10-1978)

§ 30-32 PROSECUTION FOR VIOLATION OF §§ 30-1 – 30-30; ISSUANCE OF APPEARANCE TICKET.

   A prosecution for a violation of §§ 30-1 through 30-30 may be commenced by the issuance of an appearance ticket. The Chief of Police and his designee, as well as the individuals designated as Enforcement Officers pursuant to §§ 1-8 and 1-9 of the Code, shall have the authority to issue appearance tickets for violations of the sections.

(Ord. 2624-B, passed 4-10-1978; Ord. 2995, passed 6-9-1986; Ord. 3137, passed 5-29-1990)

§ 30-33 PENALTY AND DESIGNATION OF CERTAIN SECTIONS AS MUNICIPAL CIVIL INFRACTIONS.

   (a)   Any person convicted of a violation under this chapter, except as provided in subsection (b) below, shall:

      (1)   Receive up to a $500 fine and/or up to 90 days in jail;

      (2)   Be ordered to make full restitution for the costs incurred in the abatement and/or enjoining of the violation; and/or

      (3)   Be ordered to complete up to 40 hours of community service work.

   (b)   Any person, association or corporation found in violation of §§ 30-3, 30-4, 30-7, 30-9, 30-11, 30-12, 30-13, 30-14, 30-15, 30-18, 30-20, 30-21, 30-22, 30-23, 30-25, 30-26 shall be found responsible of a municipal civil infraction pursuant to §§ 1-10 through 1-21.

(Ord. 3348, passed 7-27-1997; Ord. 3556, passed 6-9-2004)

§ 30-34 INCREASE IN FINE OR IMPRISONMENT FOR SECOND OR SUBSEQUENT VIOLATION.

   Subject to the penalty maximums set forth in §§ 1-7 and 1-19 of this Code and subject to any other penalty maximums provided by law, persons found guilty of or responsible for violating a section of this chapter §§ 30-11 through 30-30 on a second or subsequent occasion shall be punished by a fine or imprisonment, where allowable by law, which shall exceed any previous fine or imprisonment levied against the person for the last previous offense.

(Ord. 2624-B, passed 4-10-1978; Ord. 3557, passed 6-9-2004)

§ 30-35 NOTICE OF VIOLATION.

   An authorized person, in his or her discretion, may serve upon an individual found violating any provision of this chapter a notice of the violation pursuant to §§ 1-10 through 1-21.

(Ord. 2624-B, passed 4-10-1978; Ord. 3558, passed 6-9-2004)