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Any person receiving a Notice of Violation may appeal the determination of the authorized enforcement agency. The notice of appeal must be received in writing by the Service and Safety Director within 15 days from the date of the Notice of Violation. Hearing on the appeal shall take place within 15 days from the date of receipt of the notice of appeal before a municipal tribunal consisting of the Service and Safety Director, Utilities Superintendent, and the Planning and Zoning Officer. The majority decision of the municipal tribunal or their designees shall be final.
(Ord. 171205-62. Passed 1-2-18.)
If the violation has not been corrected pursuant to the requirements set forth in the Notice of Violation, or, in the event of an appeal, within 30 days of the decision of the municipal tribunal upholding the decision of the authorized enforcement agency or such other time as the tribunal may determine, then representatives of the authorized enforcement agency shall enter upon the subject private property and are authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the government agency or designated contractor to enter upon the premises for the purposes set forth above. (Ord. 171205-62. Passed 1-2-18.)
Within 30 days after abatement of the violation, the owner of the property will be notified of the cost of abatement, including administrative costs. The property owner may file a written protest with the Service and Safety Director objecting to the amount of the assessment within 30 days, who will then make a determination as to the final amount due and notify the owner. If the amount due is not paid within a timely manner as determined by the decision of the municipal authority or by the expiration of the time in which to file an appeal, the charges shall become a special assessment against the property and shall constitute a lien on the property for the amount of the assessment.
(Ord. 171205-62. Passed 1-2-18.)
It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. If a person has violated or continues to violate the provisions of this ordinance, the authorized enforcement agency may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation.
(Ord. 171205-62. Passed 1-2-18.)
In lieu of enforcement proceedings, penalties, and remedies authorized by this chapter, the authorized enforcement agency, in its sole discretion, may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
(Ord. 171205-62. Passed 1-2-18.)
In addition to the enforcement processes and penalties provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a nuisance by the City Service/Safety Director, together with the opinion of a health or engineering professional, may be summarily abated or restored at the violator's expense, and/or a civil action to abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
(Ord. 171205-62. Passed 1-2-18.)
(a) Any person that has violated or continues to violate this ordinance shall be subject to criminal prosecution at the discretion of the authorized enforcement agency.
(b) Each day of violation shall constitute a separate offense.
(c) A first offense for failure to comply with Sections 1186.07
(b)(3), 1186.08
(c), 1186.10
(b)(1) to (6), 1186.13
(b) results in a misdemeanor of the fourth degree and subjects a violator with up to thirty (30) days in jail and a $250.00 fine. A second violation shall be considered a misdemeanor of the third degree and subjects a violator with up to sixty (60) days in jail and a $500.00 fine. A third violation shall be considered a misdemeanor of the second degree and subjects a violator with up to ninety (90) days in jail and a $750.00 fine. A fourth violation shall be considered a misdemeanor of the first degree and subjects a violator with up to one hundred eighty (180) days in jail and a $1,000.00 fine.
(d) All other violations of any other section herein shall be a minor misdemeanor and subjects a violator to a fine of up to $150.00. A second violation shall be considered a misdemeanor of the fourth degree and subjects a violator with up to thirty (30) days in jail and a $250.00 fine. (Ord. 171205-62. Passed 1-2-18.)