(A) Any person violating any provisions of this chapter for which no other penalty is provided shall be subject to the provisions of § 10.99.
(B) Any person found guilty of violating, disobeying, omitting, neglecting, or refusing to comply with, or resisting or opposing the enforcement, of any of the provisions of §§ 92.35 to 92.42, except as otherwise specifically provided, upon conviction thereof, shall be punished as a misdemeanor by a fine of not less than $15 nor more than $300 for the first offense, and not less than $50 nor more than $500 for the second and each subsequent offense, or other amounts deemed appropriate by the Municipal Court, in any 180-day period, or shall be punishable as a misdemeanor by incarceration in the county jail for a term not to exceed 30 days. A separate and distinct offense shall be regarded as committed each day on which such person shall continue or permit any such violation, or failure to comply as permitted to exist after notification thereof.
(1) First offense shall be between $100 and $250, at the discretion of the Municipal Court;
(2) Second offense for the same nuisance committed within 12 months shall be between $501 and $750, at the discretion of the Municipal Court;
(3) Third offense for the same nuisance committed within 12 months shall be between $751 and $1000, at the discretion of the Municipal Court; and
(4) Any subsequent offenses shall be penalized in a manner deemed suitable by the Municipal Court, which may include any jail time allowed by law.
(Ord. passed 3-2-1981; Ord. passed 10-20-2020; Ord. 2022-07, passed 4-4-2022)
Statutory reference:
Abandoned vehicles; authorized penalty for ordinance violations, see W. Va. Code 8-11-1, 8-12-5(57), and 8-34-1