a. Any violation of this section shall be a misdemeanor of the fourth degree. In addition, any violation of this section may result in the immediate removal and impoundment of the donation container by the city of Toledo and upon impoundment any registration shall be immediately revoked. Any donation container impounded by the city shall be released to the owner upon securing a new registration, and the payment of the impound fee of $250.00 and a daily storage fee of $20.00 for each day in the city possession after impound. All fees and fines shall be paid to the city for such impoundment. Unpaid fees and fines will prevent subsequent registration. The city shall sell, recycle, scrap or dispose of any donation container and its contents and shall retain any proceeds for the general fund of the city of Toledo. The City of Toledo retains the right to impound or dispose of any donation container after having posted a notice of liability according to the provisions of this chapter.
b. In addition to any other penalty provided for in this chapter or Chapter 1725 or Chapter 1726, the Director of the Department of Neighborhoods or his/her designee may issue a Notice of Liability to the owner of the premises upon which a violation of this chapter exists or to the owner of any donation box placed upon public or private property in violation of this chapter. See Notice of Liability (NOL) as referenced in Section 1726.08 for further regulation.
(1) Any owner charged with a Notice of Liability may appeal said notice as provided by Section 1726.04. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability.
(Ord. 475-15. Passed 11-10-15.)