(A) Any person violating any of the provisions of this chapter or any lawful rules or regulations promulgated pursuant thereto, upon conviction, shall be guilty of a class A misdemeanor, shall be punished by a fine of not less than $25 nor more than $500, provided that each day’s violation thereof shall be a separate offense for the purpose hereof. In addition to the penalty provided, the violator shall be denied an occupational business license to conduct business within the city limits and may be enjoined from conducting activities in violation of these and other provisions of this code. Violators of this chapter may be issued a citation by the City Police or any authorized police officer. This section is in addition to any other penalty that may be discussed in separate sections. Violation of this section shall constitute a civil offense which shall be enforced according to the procedures set forth in the Hazard Code Enforcement Board Ordinance by the Code Enforcement Board, hearing officers, code enforcement officers, citation officers and other persons duly authorized to investigate and enforce the violations through investigation, inspection and issuance of citations.
(B) Cost recovery. When the city must clean up and remove an open dump to insure protection of the public health and safety and when the responsible party can be identified, the Director shall require these persons to reimburse the city for the actual costs incurred. Recoverable costs include but are not limited to costs for site assessment and evaluation, labor, equipment, disposal, and legal fees. Should written demand for payment prove ineffective, the city may seek such reimbursement of funds 90 days following the completion of the cleanup. Such cost recovery should not apply to property owners who are the victim of illegal dumping of solid waste without their knowledge or beyond their reasonable control.
(Ord. 2016-03, passed - -15; Am. Ord. 2018-07, passed 12-4-17; Am. Ord. 2018-08, passed 1-22-18)