(A) Anyone who violates any of the provisions of this chapter for which no specific penalty is otherwise provided shall be subject to the provisions of § 10.99.
(1) Daily civil sanction. Any owner, occupant, lessee, property manager, designated agent or other person having lawful control over a structure or parcel of land who causes, permits, facilitates or aids or abets any violation of this chapter or who fails to perform any act or duty required by this chapter is subject to a minimum civil sanction of not less than $25 per violation, and a maximum civil sanction of $100 per violation of this code. Each day any violation of any provision of this chapter exists shall constitute a separate violation.
(2) Penalties. In addition to the penalties set forth in division (A) in this section, any person, firm, corporation or other entity that places any rubbish, trash, filth, garbage, refuse or debris upon any private or public property not owned or under the control of that person, firm, corporation or other entity, is guilty of a Class 1 misdemeanor. In addition to any fine or penalty any person, firm, corporation or other entity shall be liable for all costs which may be assessed pursuant to this chapter for removing, abating or enjoining the placement of the rubbish, trash, filth, garbage, refuse or debris. Penalties will be deferred for one year from the effective date.
(D) Any person who recklessly places or causes to be placed; any rubbish, trash, filth or debris on any property not owned or under the control of that person:
(1) Is guilty of a Class 1 misdemeanor or a civil violation unless that person immediately removes or causes to be removed the rubbish, trash, filth or debris from that property. One hundred percent of any assessed fine or civil penalty shall be deposited in the general fund of the Town of Payson. The Town of Payson shall use 50% of the fine or civil penalty collected for purposes of illegal dumping cleanup.
(2) In addition to any fine or penalty imposed for a violation as specified in this section, is liable for all costs that may be assessed pursuant to this section for removing, abating or enjoining the rubbish, trash, filth, or debris and for all the costs incurred by the owner, lessee, occupant or lienholder of the property in the removal of, and disposal of the rubbish, trash, filth, or debris.
(3) If required to remove any rubbish, trash, filth or debris pursuant to this section, the responsible party shall provide the Town of Payson a receipt from a disposal facility or other documentation evidencing lawful disposal of the rubbish, trash, filth, or debris.
(E) Any person who places or causes to be placed any rubbish, trash, filth or debris on any property more than 40 acres in size and is not owned or under the control of that person, retains the ownership of the rubbish, trash, filth or debris until that person lawfully disposes of the rubbish, trash, filth, or debris.
(Ord. 922, passed 8-13-20; Res. 3215, passed 8-13-20)