(A) Whenever, in the codified ordinances or in any ordinance of the municipality, any act is prohibited or is made or declared to be unlawful or an offense, or whenever the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is otherwise provided, whoever violates any such provision shall be fined in an amount set by Council from time to time or imprisoned not more than 30 days, or both. Each day any such violation continues shall constitute a separate offense.
(B) When a person or business is cited for the same code violation more than one time in a single 18-month period the following fine structure shall be imposed.
(1) The minimum fine for a repeat offense, under this section, shall be in an amount set by Council from time to time and the maximum fine shall be in an amount set by Council from time to time. Each day that a violation remains shall be a separate violation subject to an individual fine.
(2) The person or business that receives a “repeat offense” violation will have five business days after receipt of the notice of violation to correct the violation. If the violation is not corrected within the five days, the person or business shall be subject to the fines stated in division (B)(1) above.
(3) The city shall state clearly in the notice of repeat offense the nature of the offense and the date in which the initial violation was issued.
(Prior Code, § 101.99) (Ord. passed 11-13-2000)
Statutory reference:
Penalties authorized to be imposed, subject to certain limitations, for violations of municipal ordinances and means available to municipalities for the recovery thereof, see W.Va. Code §§ 8-11-1, 8-12-5(58)