(A) Citation for violation. If the officer finds that a donation drop box violation exists on private property and has not been abated as directed in the written notice to abate, that officer may cause a violation citation to be issued to the offending property owner. Any person who violates any provisions of this Code Section shall be deemed to have committed an ordinance violation and upon conviction, shall be fined not less than $100 and not more than $2,500. Three or more separate violations at the same property within 12 months will be determined to be a public nuisance-level two. Fines for this violation shall not be less than $250 and not more than $2,500. Five or more separate violations within 24 months will constitute a public nuisance-level three. Fines for this violation shall not be less than $500 and not more than $2,500. The court may order the city to abate the violation and shall impose costs as incurred and calculated under this section. Each day a violation continues after an action has been commenced to abate the nuisance that nuisance shall constitute a separate ordinance violation. No additional notice under this Code section shall be required to initiate these separate actions once an action has been commenced against the person violating this code section.
(B) Abatement by city on private property. In addition to the issuance of a citation for the violation of a city ordinance under this section, the officer may bring a civil action in the Marion City Court or any court of record and obtain an order allowing the City to abate the public nuisance and recover costs pursuant to this subchapter, which shall include: costs of removal of the public nuisance, administrative fees not to exceed $100 per charge, and all recording fees, together with any other reasonable fees actually incurred in abating the public nuisance, including costs of collection and attorney fees. In addition, the officer may seek to enjoin the public nuisance through application to the proper court.
(C) Responsibility of offender for costs of enforcement. The Code Enforcement Department shall make a statement of the costs incurred in eliminating the public nuisance, administrative fees, attorney fees if court ordered enforcement is necessary and all recording fees associate with their collection the outstanding balances.
(Ord. 13-2016, passed 8-2-2016)