(A) General. Any person deemed to have violated any part of this chapter shall be subject to the following penalties:
(1) First violation. Fifty-dollar fine, and the potential impoundment of the animal(s) in question. The town’s Code Enforcement Officer shall be permitted to enter onto the private property owner’s land in order to determine whether an alleged violation has occurred. The property owner in question shall have ten days to correct the violation, before a second violation is issued. The town’s Code Enforcement Officer shall be allowed to enter onto the private property to determine whether the alleged violation has been corrected within the ten-day allotted time limit. The Code Enforcement Officer’s decision is appealable to the Town Council, if a formal request is made by the property owner to the town’s Clerk-Treasurer within five days of the Code Enforcement Officer’s decision;
(2) Second violation. A $100 fine, and the potential impoundment of the animal(s) in question. The town’s Code Enforcement Officer shall be permitted to enter onto the private property owner’s land in order to determine whether an alleged second violation has occurred.
(a) Animal owner shall have five days to correct the violation. The town’s Code Enforcement Officer shall be allowed to enter onto the private property to determine whether the second alleged violation has been corrected within the five-day allotted time limit. The Code Enforcement Officer’s decision is appealable to the Town Council, if a formal request is made by the property owner to the town’s Clerk-Treasurer within five days of the Code Enforcement Officer’s decision.
(b) If the deficiency is not cured within the five-day allotted time limit, or upon a determination by the Town Council that the enforcement officer’s decision is sound, the Town Council may be permitted to revoke the animal owner’s permit(s) for a period of up to one year.
(3) Subsequent violations. Any violation which is not cured within five days after the second violation is issued shall constitute a new violation for each day the defect remains unremedied, punishable by a $100 fine for each new violation. The Town Council reserves the right to revoke the animal owner’s permit for up to three years, if a third violation, or any continual violation is levied on the animal owner in question.
(B) Civil action to recover costs of abatement. Upon the failure of the recipient who was sent the notice of violation and bill to pay the appropriate fees and charges within the ten-day period for the first violation, and the five-day period for the second violation, the Town Council may bring a civil action in court against such recipient to recover the amount billed, plus reasonable attorney’s fees and court costs.
(Ord. 8 of 2017, passed 11-20-2017)