§ 95.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99. There is hereby added to this penalty the additional penalty of attorney’s fees incurred by the town if civil action through a court of competent jurisdiction is required in order to enforce the provisions of this chapter.

   (B)   Any person or entity violating any provision of §§ 95.15 through 95.17 shall receive notice of the violation either verbally, in writing, by facsimile transmission or e-mail transmission.

      (1)   Upon notice from the Public Works Commissioner of the town of an existing violation, the offending person or entity shall have 30 days to remove the offending material or structure if the offending material or structure is flora, fauna, a mailbox or a fence.

      (2)   For all other structures, either temporary or permanent, placed in the public right-of-way in violation of §§ 95.15 through 95.17, the offending party shall have 12 hours upon receipt of the first notice of any violation from the Public Works Commissioner to remove the offending item.

      (3)   If the offending item is not moved within the allotted time as set forth above, the town or its designated representative may take all necessary steps to remove the offending item and shall be entitled to collect all costs actually incurred associated with the removal in addition to which, if the town is required to institute litigation to either enforce the terms of §§ 95.15 through 95.17, or to collect the fines and/or expenses incurred by the town, the town as an additional item of damage shall be allowed to collect its reasonable attorney’s fees.

      (4)   Any person or entity violating the provisions of §§ 95.15 through 95.17 shall be fined the sum of not more than $2,500.

(Ord. 091305C, passed 9-13-2005)