(A) Civil penalties.
(1) If the violation concerns land used for residential purposes, the fine shall be as follows: The fine for a defendant’s first citation under this chapter shall be $250 per violation. The fine for a defendant’s second violation under this chapter within two years of the date of the first violation shall be $500 per violation. The fine for a defendant’s third or subsequent violation under this chapter within two years of the date of the first violation shall be $750 per violation. The court shall also impose all other fees and surcharges applicable under state statutes and the Town Code.
(2) If the violation concerns land used for non-residential purposes, the fine shall be as follows: The fine for a defendant’s first citation under this chapter shall be $750 per violation. The fine for a defendant’s second violation under this chapter within two years of the date of the first violation shall be $1,500 per violation. The fine for a defendant’s third or subsequent violation under this chapter within two years of the date of the first violation shall be $2,000 per violation. The court shall also impose all other fees and surcharges applicable under state statutes and the Town Code.
(3) However, on proper evidence that the violation(s) has been corrected and the defendant follows this chapter at the time of the hearing, in addition to all other fees and surcharges applicable under state statutes and the Town Code:
(a) For a first violation, the court shall impose a minimum fine of at least $100 per violation for land used for residential purposes and at least $250 per violation for land used for non-residential purposes.
(b) For a second or subsequent violation under this chapter within two years after the date of the first violation, the court shall impose a minimum fine of at least $200 per violation for land used for residential purposes and at least $500 per violation for land used for non-residential purposes.
(B) Criminal penalties.
(1) A criminal violation of this chapter is a class one misdemeanor. For a first conviction under this chapter, for land used for residential purposes, the court shall impose a criminal fine of at least $500 per violation. For a first conviction under this chapter, for land used for non-residential purposes, the court shall impose a criminal fine of at least $1,000 per violation. In addition, the court shall impose all other fees and surcharges applicable under state statutes and the Town Code.
(2) However, on proper evidence that the violation(s) has been corrected and the defendant is in compliance with this chapter at the time of the hearing, in addition to all other fees and surcharges applicable under state statutes and the Town Code:
(a) For a first violation, the court shall impose a minimum fine of at least $250 per violation for land used for residential purposes and at least $500 per violation for land used for non-residential purposes.
(b) For a second or subsequent violation under this chapter within two years of the date of the first violation, the court shall impose a minimum fine of at least $500 per violation for land used for residential purposes and at least $1,000 per violation for land used for non-residential purposes.
(3) The court may impose additional penalties in conformance with the Town Code.
(Res. 1840-22, passed 10-3-2022; Ord. 717-22, passed 10-17-2022)