(A) Violation. Each violation of this subchapter is deemed a separate and distinct infraction of this code; however, for the first violation of operating without a registration, the hauler or dealer shall be given a written warning and allowed ten calendar days to apply for and receive the required registration.
(B) Penalty. Any person who violates any provision of this subchapter shall be punished as provided herein:
(1) Each violation of this subchapter shall be punishable by a minimum civil penalty of $250. A maximum civil penalty of $500 may be assessed plus the costs associated with investigation and prosecution, together with any equitable remedies deemed reasonable and proper by the court.
(2) The occasion of three violations by a hauler of the terms and conditions of this section in any given calendar year shall be cause for revocation of the registration. A registration shall be revoked for a violation as and shall be immediately and automatically declared null and void, and, upon such declaration, the hauler issued the registration shall immediately cease all operations and shall be considered to have forfeited such registration and the rights acquired thereunder.
Should a registration be so revoked, the city shall provide the hauler with notice of such revocation and the reasons therefore. Such notice shall be sent certified mail, return recent requested. Upon receipt of such notice, the hauler may appeal such revocation to the city commission, and the appeal and hearing thereon shall be conducted in accordance with the following procedures:
(a) Should a hauler seek appeal from the revocation of the registration, the applicant shall furnish notice of such request for appeal to the city clerk no later than 20 calendar days after the date of receipt of the certified letter advising the applicant of revocation of the registration.
(b) Upon receipt of a request for appeal, the city clerk shall thereupon fix the date and time at which the City Commission shall hear the appeal, such hearing to be held not less than 10 nor more than 60 calendar days subsequent to the date upon which such request for appeal was filed with the City Clerk. Upon setting the matter for hearing, the City Clerk shall notify the applicant of the date and time of the hearing. At the conclusion of the hearing, the City Commission shall either sustain the decision of the City Manager or direct the City Manager to issue a registration.
(3) Nothing in this section shall prohibit the city from enforcing this subchapter by any other means available.
(Ord. 1400, passed 3-20-02)