(A) It shall be the duty of the Litter Enforcement Officer (Enforcement Officer) or his/her designee to enforce the provisions of this Chapter 127 and any rules or regulations promulgated under this chapter. The Enforcement Officer may order any person or business that violates this chapter to abate such violation and shall be hereby authorized and empowered to issue citations for violations of this chapter.
(B) Violation of any of the requirements of this chapter shall be subject to the penalties set forth in this section and in § 127.99.
(C) (1) If the Enforcement Officer or his/her designee determines that a violation of this chapter has occurred, the Enforcement Officer or his/her designee shall issue a written warning to the vendor for the initial violation.
(2) If the Enforcement Officer or his/her designee determines that an additional violation of this chapter has occurred after a written warning notice has been issued for an initial violation, the Enforcement Officer or his/her designee shall issue a notice of violation against the vendor. The notice shall be sent to the vendor’s last known address by certified mail, return receipt requested and by regular mail. Such notice shall direct the removal, correction or abatement of the violation within 30 calendar days after receipt of written notice and notify the vendor that failure to remove or correct the violation shall result in the issuance of a citation and the fines and penalties imposed.
(3) If the Enforcement Officer or his/her designee determines that an additional violation of this chapter has occurred after the notice of violation has been issued, the Enforcement Officer or his/her designee shall issue a citation to the vendor’s last known address by certified mail, return receipt requested and by regular mail. Such citation shall inform the owner of the allegations and the amount of the fines, penalties, fees and costs due and that the vendor may contest its liability before a citation hearing officer.
(4) The penalty for each violation that occurs after the issuance of the written warning notice for an initial violation shall be as set forth in § 127.99.
(5) Appeals may be made pursuant to Title I: Chapter 12: Hearing Procedure for Municipal Citations of the Town Code of Ordinances.
(Ord. 709, passed 2-19-19) Penalty, see § 127.99