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A. Enforcement: The code enforcement officer shall be responsible to enforce the provisions of this article.
B. Civil Penalties: Failure to correct a violation of this article after notice of violation and expiration of the ten (10) day warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:
1. The first civil citation issued after expiration of the warning period shall subject the responsible party to the initial civil penalty of one hundred twenty five dollars ($125.00).
2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the responsible party to the intermediate penalty of two hundred fifty dollars ($250.00).
3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of the intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the responsible party to the maximum penalty of five hundred dollars ($500.00).
C. Emergency Enforcement: If the code enforcement officer finds that an emergency condition exists that requires immediate action to protect the public health, safety, or welfare, he or she may issue a notice of violation, without a warning period, requiring that immediate action be taken as he or she deems necessary to remedy the condition. In the event the condition cannot be remedied by immediate action, the code enforcement officer may abate the condition by ordering closure of the vendor operation. The vendor operator shall comply with the notice, but may request a hearing through the appeal process set forth in title 1, chapter 4, article B of this code. Nothing in this subsection is intended to preclude enforcement by the Weber Morgan health department of its rules and regulations pertaining to food carts, however, the emergency enforcement authority granted to the code enforcement officer in this subsection is deemed necessary to enhance cooperation between the city and the Weber Morgan health department for the protection of public health.
D. Other Remedies: This article may also be enforced by injunction, mandamus, judicial abatement or any other appropriate action in law or equity.
(Ord. 2009-75, 12-22-2009)
"Swap meet" means a business operated entirely within an enclosed building where, under direction of the swap meet proprietor, individual sellers occupy a designated area where goods are sold or exchanged. For purposes of this article, a "flea market" shall be considered a swap meet.
(1979 Code § 5.57.010; Ord. 87-6, 1-22-1987)
It is unlawful for any person, firm, corporation or charity to hold a swap meet or flea market without having first obtained a license therefor, as is herein provided; but the license for a charity may be waived by the mayor upon application.
(1979 Code § 5.57.020; Ord. 87-6, 1-22-1987; amd. 1999 Code)
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