(a) Each day that a violation of this article continues shall be considered a separate and distinct offense.
(1) No person shall be found in violation of Section 552.01(
b)(2) unless the City proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them.
(2) A person may be found in violation of (b)(1) or (b)(2) of Section 552.01
regardless of whether an order of abatement is issued under Section 552.02
or in violation of Section 552.01
(b)(1) regardless of whether a notice has been given under Section 552.02
. A fine in accordance with subsection (b) hereof may be assessed by the Martinsburg Municipal Court.
(b) Upon a finding of liability under this article, the defendant shall be fined: one hundred dollars ($100.00) for a first offence, two hundred dollars ($200.00) for a second offense, five hundred dollars ($500.00) for a third offence and for each subsequent offense the fine shall be one thousand dollars ($1,000.00) provided, that if a defendant has not had a second violation within twelve months from the first violation, then the violation shall be considered a first offense for purposes of assessing a fine.
(Ord. 2020-17. Passed 11-12-20.)
CODIFIED ORDINANCES OF MARTINSBURG