(A) Any person found in violation of the motor vehicle noise limits set forth in this subchapter shall be issued a notice of violation and fined not less than $50 and not more than $500;
(B) Any person found in violation of any other provisions of this subchapter shall be issued a notice of violation of this subchapter.
(1) For a first offense, the fine will not be less than $100 and not more than $2,500.
(2) If a second notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $500 and not more than $2,500.
(3) If a third notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $1,000 and not more than $2,500.
(4) If a fourth notice of violation has been issued within 30 days of the first-cited violation, the fine will be not less than $2,500 and not more than $5,000.
(5) If any additional notice of violation has been issued within 30 days of the first-cited violation, the citation will be not less than $5,000.
(C) The court may order the city to abate the violation and shall have the authority to impose additional fines to the dependent of not less than $150 and not more than $5,000 per violation.
(D) Each day a violation continues after an action has been commenced shall constitute a separate code section violation. Once an action has been commenced against the person committing the violation, no additional notice under this subchapter shall be required to initiate these separate actions.
(E) In addition to the issuance of a notice for the violation of this subchapter, the authorized officer may bring a civil action in 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: administrative fees not to exceed $200 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’s fees. In addition, the authorized officer may seek to enjoin the public nuisance through application to the proper court.
(F) Any fine imposed under this section may be suspended if the court finds that the violation was the result of natural causes or was the result of unforeseen circumstances beyond the control of the person charged with the violation of this subchapter.
(Ord. 5-2022, passed 5-4-2022)