(EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)
(b) Any person convicted of a violation of Section 533.09 shall be subject to the following penalties:
(1) Upon a first conviction, the defendant shall be fined not less than fifty dollars ($50.00) nor more than two hundred fifty dollars ($250.00).
(2) Upon a second conviction, the defendant shall be fined not less than two hundred fifty dollars ($250.00) nor more than five hundred dollars ($500.00).
(3) Upon any subsequent conviction in excess of a second conviction, the defendant shall be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000) or imprisoned not more than thirty days, or both.
Notwithstanding the provisions of West Virginia Code 61-11A-4 or West Virginia Code 50-3-2a, the magistrate or court may order restitution not to exceed the value of unauthorized solid waste services received.
(WVaC 61-5-33)
(WVaC 61-5-33)
(c) Each day that a violation of Section 533.11 continues shall be considered a separate and distinct offense.
(1) No person shall be found in violation of 533.11 (b)(2) unless the city proves by a preponderance of the evidence that the abatement measures were reasonable and warranted, and that the defendant knowingly failed to implement them.
(2) A person may be found in violation of 533.11 (b)(1) or (b)(2) regardless of whether an order of abatement is issued under Section 533.12 or in violation of 533.12 (b)(1) regardless of whether a notice has been given under Section 533.12. A fine in accordance with subsection (c) may be assessed by Winfield Municipal Court.
(Ord. 2017-2018-7. Passed 12-12-17.)