§ 52.09 VIOLATIONS; REMEDIAL ORDERS; REFUSAL TO ISSUE PERMIT; APPEALS.
   (A)   Each violation of this chapter is hereby classified as a civil offense.
      (1)   Except as otherwise provided by applicable ordinance or law, §§ 30.100 to 30.109 and 30.999, concerning the City Code Enforcement Board, shall govern all appeals, proceedings, and imposition of civil penalties arising from the issuance of a citation for alleged violations of this chapter.
      (2)   The Public Works Director is hereby designated a Code Enforcement Officer for purposes of enforcing this chapter.
      (3)   Any Code Enforcement Officer may, in lieu of immediately issuing a civil citation, require that any violation of this chapter be remedied within a designated period of time. Additionally, in the event of imminent or irreparable danger to persons or property, a Code Enforcement Officer may order the person, entity, utility or contractor immediately to cease and desist performing any additional work and to perform remedial activities.
   (B)   Each day that a road, street, or sidewalk is or remains cut, excavated, or altered in a manner not in conformity with this chapter, the permit or applicable law shall be deemed a separate offense.
   (C)   The City Council may, if it deems it necessary to protect the public ways of the city, refuse to grant additional permits under this chapter to any person or entity having twice been found to have violated this chapter or any permit issued hereunder. Any refusal to issue a permit shall be set forth in writing indicating the date of and reason(s) for the refusal and signed by the Mayor.
   (D)   Any person, entity, or utility aggrieved by the issuance of a citation, remedial order, cease and desist order, or a refusal to issue a permit may appeal therefrom to the City Code Enforcement Board in the manner provided by Ordinance No. 5, 2005, as amended.
(2010 Code, § 52.08) (Ord. No. 8, 2019, passed 9-9-2019)