(A) Whoever violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the provisions of § 10.99 of this code of ordinances.
(B) (1) General. Violation of any provision of §§ 51.15 through 51.32 of this chapter may subject the offender to a civil penalty to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after the assessment has become final by exhaustion of the appeal process established by §§ 51.15 through 51.32 of this chapter, or by failure to appeal the assessment. The civil penalty for violation of any provision of §§ 51.15 through 51.32 of this chapter shall not exceed $500 per day for each day of continuous violation, or a cumulative or single civil penalty of $10,000. The civil penalty for willful violation of any provision of §§ 51.15 through 51.32 of this chapter shall not exceed $1,000 per day for each day of a continuous violation, or a cumulative or single civil penalty of $20,000.
(2) Assessment. Any civil penalty shall be assessed by the Town Manager, upon the recommendation of the town or its designee, and shall be based upon the reasonable estimated cost of correcting the cited violation, the magnitude of the potential risk posed to the public health, safety and welfare by the violation, and the cost of the public safety or other emergency response caused by the violation. The Town Manager shall serve written notice of the civil penalty assessment an the offender and set out with reasonable care the basis of the amount so assessed.
(4) Enforcement option. The penalties and enforcement provisions established by this division (B) may be applied in additional to or instead of the penalties established by other sections of this code.
(Ord. passed 9-14-2004)