(A) Whoever shall violate any provision of this chapter shall, upon conviction, be fined not more than $2,500. A separate offense shall be deemed committed each day such violation occurs or continues.
(Ord. G-24-96, passed 10-8-96)
(D) Any person, partnership, corporation or other legal entity violating § 50.19 shall, upon conviction by the court, be subject to a fine of not less than $500 and not more than $2,500 for the first violation and $2,500 for each subsequent violation. Each day the violation occurs or continues to exist shall constitute a separate offense. All fines and costs collected by the city pursuant to this subchapter shall be placed in the Illegal Dumping Fund. Any person who provides evidence leading to the successful conviction of any person under this subchapter may be entitled to an equal portion of 50% of the fines collected from such person, firm, corporation or other legal entity. No city, county, state or federal employee or their immediate family members shall be eligible to receive a reward pursuant to this program.
(Ord. G-15-90, passed 7-10-90; Am. Ord. G-04-02, passed 2-12-02; Am. Ord. G-38-07, passed 12-18-07)
City of Fort Wayne
ADMINISTRATIVE POLICY
for
Enforcing Chapter 50: Garbage and Refuse
October 1, 1996
The purpose of Chapter 50: Garbage and Refuse is to control the disposal of waste to limit unsightly storage that blights neighborhoods and to prevent sources of habitation and food for vectors, rodents, and other vermin that present a hazard to the public health. To this end, enforcing departments shall attempt to gain voluntary compliance with the requirements of Chapter 50: Garbage and Refuse, and will issue tickets when necessary to attain compliance. The authority for enforcing §§50.04 through 50.19 is with the Fort Wayne Police Department, the Department of Neighborhood Code Enforcement, the Energy and Environmental Services Department, and the Allen County Department of Public Health.
Order of Primary Responsibility for Compliance
Property Owner
The property owner shall be responsible for providing sufficient refuse storage containers for the disposal of refuse (§50.04). If refuse storage containers are absent, inadequate, or not rodent- proof, enforcing authorities shall cite the property owner with a violation.
Property Occupant
The occupant of the property shall bear the primary responsibility for all other aspects of compliance with Chapter 50: Garbage and Refuse. Enforcing authorities shall first cite the occupant (when property can reasonably be assumed to be occupied) for violations other than the provision of proper refuse storage containers.
Rental Property Move-Out Conditions
In recognition that tenants sometimes move out of properties without giving due and proper notice to property owners, special attention shall be given to such situations when issuing citations. Any violations of Chapter 50: Garbage and Refuse, except with regard to the provision of refuse storage containers, shall first cite the occupant as the party with primary responsibility. If the property appears to be vacant with a recent tenant move-out, the property owner shall be given seven days, from when the city is notified of the problem, to comply with any and all violations.
After the property is vacant for seven days, the property owner will be deemed to be the party with primary responsibility for compliance with Chapter 50: Garbage and Refuse and enforcing authorities shall cite the property owner with appropriate violations.
(Ord. G-38-07, passed 12-18-07)