(A) Permit revocation. Any permit issued hereunder may be revoked by the Director if the permit holder is in violation of any of the provisions of this chapter, or has knowingly made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter. Notice of the revocation shall be given to the permit holder in writing, with the reasons for the revocation specified in the notice, served either by personal service of such notice upon the permit holder or by certified United States mail to the permit holder's last known address. The revocation shall become effective the day following personal service, or if mailed three days from the date of mailing, and no additional permit under this chapter shall be issued to such person within one year thereafter.
(B) Abatement.
(1) If a responsible party does not comply with this chapter within seven days of a notice of violation, the Director may cause the performance of the work necessary to abate the violation and charge the expenses to the owner of the donation container or of the property upon which it is located.
(2) Notice may be given personally, or by certified United States mail to the address shown in the most recent application for a permit under this chapter, or to the address shown in the records of the Bell County Tax Appraisal District, or by posting same in a conspicuous location on the subject donation container.
(3) If a notice is mailed in accordance with this section, and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.
(4) In a notice provided under this section, the Director may provide that if the responsible party commits another violation of the same kind or nature on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the responsible party's expense and assess the expense against the property. If a violation covered by a notice under this division occurs within the one-year period, and the Director has not been informed in writing by the owner of an ownership change, then the Director without notice may take any action permitted in this section.
(C) Impoundment. The Director may cause the impoundment of any donation container subject to this chapter that does not have a current, valid permit. Any donation container impounded by the city shall be released to the owner upon securing a permit, and the payment of the fees set forth in the city fee schedule. Any impounded donation container not reclaimed within 30 days after impoundment may be destroyed without further notice from the city.
(D) Offense. A person who violates a provision of this chapter, or who fails to perform an act required of the person by this chapter, commits an offense, and upon conviction such person shall be fined an amount not to exceed $500. No culpable mental state shall be required to support a conviction for a violation of this section. Each day's violation thereof shall constitute a separate offense. The court may order abatement and removal of the nuisance on conviction.
(E) Authority of City Attorney. The City Attorney may without further authorization of the City Council undertake the enforcement of this chapter by all legal means appropriate or necessary, including but not limited to: enforcement in municipal court; filing of appropriate civil actions in courts of appropriate jurisdiction; and defending the city from suit if suit is taken to appeal any action of the city.
(F) Other remedies. The penalties provided for in this section are in addition to any other remedies that the city may have under city ordinances and state law. Nothing in this section shall limit the remedies available to the city in seeking to enforce the provisions of this chapter.
(Ord. 2017-09, passed 5-23-17)