§ 90.99 PENALTY.

   (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)   (1)   Separate offenses. Each day a violation of §§ 90.01 through 90.15 and 90.30 through 90.33 of this chapter is committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this division (B).

      (2)   Misdemeanor. Unless otherwise provided, violation of §§ 90.01 through 90.15 and 90.30 through 90.33 of this chapter shall constitute a misdemeanor punishable by a fine of up to $700 or imprisonment for up to 90 days.

      (3)   Petty misdemeanor. Violations of §§ 90.02, 90.07, 90.14 and 90.15 of this chapter are petty misdemeanors punishable by a fine up to $200.

(Prior Code, § 705.16)

   (C)   (1)   Any person who keeps or harbors chickens in the platted portion of the city limits without obtaining or maintaining a current permit or after a permit has been suspended or revoked, as per § 90.04 of this chapter, shall be guilty of a petty misdemeanor.

      (2)   Any person who is issued a permit, but is found in violation of any provision of § 90.04 of this chapter, shall also be guilty of a petty misdemeanor.

      (3)   (a)   The city shall determine the conditions that exist which violate § 90.04 of this chapter. Upon identification of a violation, notification by certified, registered letter or personal service shall be issued to the owner of the property. The notice shall identify the nature of the violation of § 90.04 of this chapter, and order that the nuisance be abated within ten days of receiving notice. Upon receipt of the notification, the property owner shall proceed with alleviating the nuisance.

         (b)   The property owner shall have the right to a hearing before the City Council provided that any request for hearing must be submitted in writing to the city no later than ten days following receipt of the violation notice.

         (c)   If no public hearing is requested within ten days of receiving the notice and the property owner has not proceeded with alleviating the nuisance, the city shall proceed with making the necessary arrangements to have the cited violation abated. Any and all costs that may be incurred by the city to alleviate the cited violation shall be the property owner’s obligation.

         (d)   If the property owner requests a hearing in compliance with the provisions established by this division (C)(3), a hearing before the City Council shall be scheduled. Following the hearing, the City Council shall, by resolution, determine whether a violation has occurred. Upon finding of a violation, the City Council shall order that the cited conditions be abated.

         (e)   If an appeal to the City Council’s order is not made within ten days following the City Council’s decision and the property is not brought into compliance as ordered, the city will initiate action to eliminate the violation.

         (f)   The city shall proceed with making the necessary arrangements to have the cited violation abated. Any and all costs that may be incurred by the city to alleviate the cite violation shall be the property owner’s obligation.

         (g)   Failure by the property owner to reimburse the city for any reasonable costs incurred concerning the enforcement of this division (C) shall be cause to certify the costs to the County Auditor as a special assessment against the property.

(Prior Code, § 705.04)

   (D)   Any person violating § 90.06 of this chapter shall be punishable by a fine of $10 or five hours of public lands fecal clean-up. Any person who is found guilty of subsequent violations of § 90.06 of this chapter shall be punished by a fine of at least $25, but not more than $50.

(Prior Code, § 705.07)

   (E)   If any person shall offend against the provisions of § 90.16 of this chapter, a police officer of the city may, at any time, serve a written notice upon him or her requiring him or her to abate the nuisance by removing the hive or hives or swarm or swarms from his or her premises within 24 hours from the date of the service of the notice upon him or her and, in case he or she fails to do so within that time, it shall be the duty of the police officer to enter upon the premises and himself or herself abate the nuisance by removing the hive or hives or swarm or swarms of bees from the premises.

(Prior Code, § 710.03)

(Ord. passed 11-9-2010; Ord. passed 11-3-2015)