(B) Any person who violates §§ 51.405, 51.500, 51.504, 51.505, 51.506, 51.507(A)(2) through (A)(6), 51.508, 51.509, and/or who fails to perform any of the duties imposed by these sections, or who violates any determination, permit, administrative regulation, or order of the Waste Management District or the Department promulgated pursuant thereto shall be liable for a civil penalty of not less than $50 per day or per occurrence, and not more than $2,500 per day or per occurrence. Each day upon which a violation occurs shall constitute a separate violation. For a first offense within a two-year period, a specific civil fine of $50 per day will be imposed for each offense if the person who has committed the offense does not contest the citation. For each subsequent offense committed within a two-year period from the date of payment or conviction on the first offense, a specific civil fine of $100 per day will be imposed for each offense if the person who has committed the offense does not contest the citation.
(C) Any person who violates §§ 51.501, 51.502, 51.503, or 51.510, or who fails to perform any of the duties imposed by these sections, or who violates any determination, permit, administrative regulation or order of the Waste Management District or the Department promulgated pursuant thereto, shall be liable for a civil penalty of not less than $250 nor more than $5,000. Each day upon which a violation occurs shall constitute a separate violation. For a first offense within a two-year period, a specific civil fine of $250 per day will be imposed for each offense if the person who has committed the offense does not contest the citation. For each subsequent offense committed within a two-year period from the date of payment or conviction on the first offense, a specific civil fine of $500 per day will be imposed for each offense if the person who has committed the offense does not contest the citation.
(D) Any person who fails to obtain, retain, renew, or maintain any license required under this chapter or under solid waste regulations shall be liable for a civil penalty of not less than $100 nor more than $500. Each day upon which a violation occurs shall constitute a separate violation. For a first offense within a two-year period, a specific civil fine of $100 per day will be imposed for each offense if the person who has committed the offense does not contest the citation. For each subsequent offense within a two-year period from the date of payment or conviction on the first offense, a specific civil fine of $150 per day will be imposed for each offense if the person who has committed the offense does not contest the citation.
(E) Any person who knowingly provides false information in any document filed or required to be maintained under this chapter or under solid waste regulations enacted pursuant to this chapter, shall be liable for a civil penalty of not less than $500 nor more than $2,500. Each day upon which a violation occurs shall constitute a separate violation. For a first offense within a two-year period, a specific civil fine of $500 per day will be imposed for each offense if the person who has committed the offense does not contest the citation. For each subsequent offense within a two-year period from the date of payment or conviction on the first offense, a specific civil fine of $1,000 per day will be imposed for each offense if the person who has committed the offense does not contest the citation.
(F) Any person who violates any other provision of this chapter or any regulation promulgated pursuant thereto or who fails to perform any duties imposed by this chapter, or who violates any determination or order of the Waste Management District or Department promulgated pursuant thereto shall be liable for a civil penalty of not less than $500 nor more than $2,500 for each day during which the violation continues, and in addition, may be concurrently enjoined from any violations as provided herein. For a first offense within a two-year period, a specific civil fine of $500 per day will be imposed for each offense if the person who has committed the offense does not contest the citation. For each subsequent offense within a two-year period from the date of payment or conviction on the first offense, a specific civil fine of $1,000 per day will be imposed for each offense if the person who has committed the offense does not contest the citation.
(G) Any person cited pursuant to this chapter may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Code Enforcement Board ("Board") in accordance with §§ 32.275 et seq. If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing. In this event, the Board shall enter a final order determining that the violation was committed and impose the maximum civil penalty set forth in the citation. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(H) In addition to the civil enforcement mechanism provided for the correction of violations of §§ 32.275 et seq., it shall be the duty of the Office of the Jefferson County Attorney to institute an action for the recovery of any penalties and costs otherwise authorized in this chapter, and to bring an action for an injunction against any person violating or threatening to violate any provision of this chapter, or any administrative regulation, order, or determination of the District promulgated pursuant thereto.
(I) Any penalties levied or damages recovered under this chapter shall be in addition to any other remedies under federal, state, or local law.
(J) Notwithstanding subsections (A) through (I) above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to affine of not more that $250 if committed by a person, not more than $500 if committed by a corporation, and/or imprisonment for a term not to exceed 50 days, and/or impoundment of the vehicle used in violation of § 51.510. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(1994 Jeff. Code, § 51.99) (Jeff. Ord. 3-1996, adopted and effective 1-23-1996; Lou. Metro Am. Ord. No. 44-2005, approved 4-19-2005; Lou. Metro Am. Ord. No. 160-2005, approved 10-18-2005; Lou. Metro Am. Ord. No. 157-2012, approved 8-27-2012)