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(A) Any person who has been assessed a civil penalty for a violation of this subchapter may request an appeal hearing before the Town Board. Such request must be made in writing, filed with the Town Clerk within 30 days of the notice of assessment, and state the reasons why the civil penalty should not have occurred. Failure to request an appeal hearing in the time and manner specified shall constitute a waiver of the right to contest the penalty.
(B) Any hearing shall be scheduled by the Town Clerk within a reasonable amount of time after the person’s notice of appeal.
(C) The Mayor shall preside over the appeal hearing. The Board of Commissioners shall receive evidence and testimony during the appeal hearing; and render a determination, by majority vote, upon the evidence presented during the appeal hearing. The Mayor shall vote only in the event of a tie vote by the Commissioners, or vote to create a tie.
(D) Any aggrieved party may seek judicial review of the decision by filing a written petition in the nature of certiorari within 30 calendar days after receipt of the decision, but not thereafter, with the County Superior Court.
(Ord. passed - -)
This subchapter shall not prevent the preparation and use of compost so long as compost piles are not greater than two cubic yards in size and are situated more than ten feet from the edge of the right-of-way of any town-maintained street, as shown on the most recent Powell Fund map or any road or highway maintained by the State Department of Transportation. COMPOST shall refer to a pile of vegetative matter that is a mixture of ingredients used to fertilize and improve the soil. It is commonly prepared by decomposing plant and food waste and recycling organic materials. Compost piles shall not include heavy metals, hazardous substances, or industrial waste.
(Ord. passed - -) Penalty, see § 94.99
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor.
(Prior Code, § 94.20)
(C) (1) A civil penalty in the amount of $150 may be issued by the Town Board, in its discretion, to any person in violation of § 94.35.
(2) A civil penalty in the amount of $150 may be issued by the Town Board, in its discretion, to any person in violation of § 94.36.
(3) A civil penalty in the amount of $150 may be issued by the Town Board, in its discretion, to any person in violation of § 94.37.
(4) A civil penalty in the amount of $150 may be issued by the Town Board, in its discretion, to any person in violation of § 94.38.
(5) A civil penalty in the amount of $500 may be issued by the Town Board, in its discretion, to any person in violation of § 94.39. Further, any person disposing of or discarding such material may be held liable for the cost of properly disposing of such material and restoring the property to its condition immediately prior to the disposition of such material.
(6) A civil penalty in the amount of $150 may be issued by the Town Board, in its discretion, to any person in violation of § 94.40.
(Ord. passed - -)