(A) Penalties and remedies.
(2) A violation of any of the provisions specified in division (A)(1) above (as well as § 50.16) shall also subject the offender to a civil penalty of $25. If the offender fails to pay this penalty within 15 calender days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt.
(3) Each day that any violation continues after a person has been notified that such violation exists and that he or she is subject to the penalties specified in divisions (A)(1) and (A)(2) above shall constitute a separate offense.
(4) This chapter may also be enforced by any appropriate equitable action, including injunctions or orders of abatement.
(5) The town may enforce this chapter by any one or any combination of the foregoing remedies.
(Prior Code, § 11-36)
(B) Violations resulting from continuing conditions.
(1) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, a written notice shall be sent to the last known address of the responsible person, specifying the nature of the violation and what must be done to correct it, requiring the responsible person to correct the violation within ten calendar days after delivery of the notice, and informing the responsible person of the possible consequences of his or her failure to comply.
(2) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, the penalties and remedies provided for in division (A) above may not be invoked until after the ten-day correction period specified in the section has expired.
(Prior Code, § 11-37)
(C) Summary abatement of conditions dangerous or prejudicial to the public health. If the Council concludes, after notice and hearing as provided herein, that any condition or situation prohibited by this chapter or any other condition or situation is dangerous or prejudicial to the public health or safety, it may order town officials to summarily remove, abate or remedy everything so found within the town limits or within one mile thereof.
(Prior Code, § 11-38)
(D) Notice required.
(1) Before the action authorized by division (C) above is taken, notice shall be sent to the respondent, informing him or her:
(a) What condition or situation is alleged to be dangerous or prejudicial to the public health or safety;
(b) When and where the Council will meet to hold a hearing on the issue of whether the condition cited is dangerous or prejudicial to public health; and
(c) If the Council determines that the cited condition is dangerous or prejudicial to public health or safety, it may order town officials to summarily abate, remedy or correct the offending condition.
(2) The expenses incurred by the town in connection with the actions described in division (D)(1)(c) above, if not paid by the respondent, shall become a lien upon the land where the offending condition is located, to be collected as unpaid taxes. If after due diligence, the respondent’s address cannot be determined, then the notice required by this section shall be posted conspicuously on the offending property not later than three days before the scheduled hearing. This notice shall be sent by mail (certified, deliver to addressee only, return receipt requested) not later than five calendar days prior to the scheduled hearing or delivered to the respondent by a town officer or employee, not later than three days prior to the scheduled hearing. For purposes of this division (D), the RESPONDENT is the person who is responsible for the offending condition, as well as the owner of the property where the offending condition is located, if different from the former.
(Prior Code, § 11-39)
(E) Hearing procedures. At the hearing held pursuant to this division (E), the town administration shall be responsible for presenting sufficient evidence to the Council to substantiate a finding that a condition exists that is dangerous or prejudicial to the public health or safety. The Council may consider all reliable evidence and need not be bound by the strict rules of evidence applicable to courts of law, but all witnesses shall be sworn. The respondent may be represented by counsel and may present evidence. All parties may cross-examine adverse witnesses. At the conclusion of the hearing, the Council shall make findings of fact, state its conclusions and enter an appropriate order. The Council’s findings of fact, conclusion and order shall be reduced to writing and a copy sent by mail or delivered to the respondent within three days following the hearing.
(Prior Code, § 11-40)
(F) Order. If the Council concludes that a situation or condition exists that is dangerous or prejudicial to the public health or safety, it may:
(1) Order appropriate town officials or employees to summarily remove, abate or remedy everything so found and to assess the cost of this action against the respondent in accordance with division (C) above; or
(2) Order the respondent to correct the situation within a specified time period and order town officials to abate, correct or remedy the offending condition if the respondent falls to act within the prescribed time limits.
(Prior Code, § 11-41)
(G) Storage and collection practices.
(1) The failure to comply with § 50.36 of this chapter shall result in the following:
(a) First violation. The Public Works Director or his or her designee shall notify the property owner/occupier in the form of a pre-printed sticker that he or she is in violation of § 50.36 of this chapter. The sticker shall be placed on the top of the property owner’s garbage receptacle. The portion of the policy that has been violated shall be identified on the sticker. This sticker shall advise the property owner/occupier that a subsequent violation will result in a $5 penalty, which shall be added to his or her next water and/or sewer invoice.
(b) Second violation. The Public Works Director or his or her designee shall notify the property owner/occupier in the form of a pre-printed sticker that he or she is in violation of § 50.36 of this chapter. The sticker shall be placed on the top of the property owner’s garbage receptacle. The portion of the policy that has been violated shall be identified on the sticker. This sticker shall advise the property owner/occupier that a $5 penalty has been added to his or her water and/or sewer invoice.
(c) Subsequent violations. The Public Works Director or his or her designee shall notify the property owner/occupier in the form of a pre-printed sticker that he or she is in violation of § 50.36 of this chapter. The sticker shall be placed on the top of the property owner’s garbage receptacle. The portion of the policy that has been violated shall be identified on the sticker. This sticker shall advise the property owner/occupier that a $5 per week penalty has been added to his or her water and/or sewer invoice and will continue until such time as the property owner/occupier is in compliance with § 50.36 of this chapter.
(2) The Public Works Director or his or her designee shall be responsible for ensuring compliance with and enforcement of § 50.36 of this chapter. The Public Works Director shall be responsible for advising the Finance Officer of any violations of this division (G), as well as the number of occasions on which a property owner/occupier has been cited since the previous water and/or sewer invoice was delivered. The Finance Officer shall provide penalty(ies) assessed and the names of property owner(s)/occupier(s) in violation of this division (G) to the Town Clerk at least 24 hours prior to the printing of regular water and/or sewer invoices. Any violations not provided within 24 hours prior to the printing of regular water and/or sewer invoices shall be added to the next water and/or sewer invoice.
(Ord. passed 12-6-2011; Ord. passed 2-7-2012)