(a) A person who violates any of the provisions of Sections 42-2-92(b), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96,42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code regarding solid waste, where the amount of the solid waste is less than five cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $200.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(b) A person who violates any of the provisions of Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is five or more cubic yards in volume but less than ten cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(c) A person who violates any of the provisions of Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4),42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is ten or more cubic yards in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $1,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(d) For a repeat or subsequent blight violation under sections 42-2-92(b), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is less than five cubic yards in volume, a person shall be subject to a civil fine of not less than $200.00 but not more than $500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(e) For a repeat or subsequent blight violation under Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is five or more cubic yards in volume but less than ten cubic yards in volume, a person shall be subject to a civil fine of not less than $500.00 but not more than $1,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(f) For a repeat or subsequent blight violation under Sections 42-2-92(c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code, where the amount of the solid waste is ten or more cubic yards in volume, a person shall be subject to a civil fine of not less than $1,000.00 but not more than $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(g) Each day on which any violation of any of the provisions of Sections 42-2-92(b), and (c), 42-2-93(a) and (b)(1), (2) and (4), 42-2-96, 42-2-97(b) and (c), 42-2-105 or 42-2-106 of this Code continues shall constitute a separate violation. The imposition of a fine under this section shall not be construed to excuse or to permit the continuation of any violation and, upon a blight violation determination may be subject to a civil fine for each day the violation continues. The determination as to whether an act or a failure to act is a continuing violation is within the discretion of the hearings officer.
(h) When determining the amount of a civil fine for a blight violation that is issued under Subsections (a), (b), (c), (d), (e), or (f) of this section, the hearings officer shall consider all of the following factors;
(1) The type of solid waste;
(2) The nature of the violation;
(3) The duration of the violation;
(4) The preventability of the violation;
(5) The potential and actual effect on the surrounding neighborhood or the environment;
(6) The economic benefit to the violator;
(7) The violator’s recalcitrance or efforts to comply with law; and
(8) The economic impact of the fine on the violator.
These factors shall only be considered where the hearings officer determines that the violator has made all good faith efforts to correct and terminate the violation. The violator shall have the burden of proof regarding the presence and degree of any factor to be considered by the hearings officer in determining the amount of the fine. In each case, the fine shall be set within the range that is delineated in subsections (a), (b), (c), (d), (e), or (i) of this section for the corresponding amount of solid waste.
Amended by Ord. No. 22-19 (JCC. 6/18/19, Pass. 7/2/19, App. 7/9/19, Pub. 7/31/19, Eff. 7/31/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).
(a) A person who violates any of the provisions of Section 42-2-92(d) of this Code regarding solid waste from a motor vehicle, where the amount of the solid waste is less than five cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $800 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(b) A person who violates any of the provisions of Sections 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is five or more cubic feet in volume but less than ten cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $1.500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(c) A person who violates any of the provisions of Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is ten or more cubic feet in volume but less than 15 cubic feet in volume, is responsible for a blight violation and, for the first violation, is subject to a civil fine of $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(d) A person who violates any of the provisions of Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is 15 or more cubic feet in volume is responsible for a blight violation and, for the first violation, is subject to a civil fine of $3,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(e) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is less than five cubic feet in volume, a person shall be subject to a civil fine of not less than $800.00 but not more than $1,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(f) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is five or more cubic feet in volume but less than ten cubic feet in volume, a person shall be subject to a civil fine of not less than $1,500.00 but not more than $2,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(g) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is ten or more cubic feet in volume but less than 15 cubic feet in volume, a person shall be subject to a civil fine of not less than $2,500.00 but not more than $3,500.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(h) For a repeat or subsequent blight violation under Section 42-2-92(d) of this Code, where the amount of the solid waste from a motor vehicle is 15 cubic feet or more in volume, a person shall be subject to a civil fine of not less than $3,500.00 but not more than $5,000.00 and, in accordance with Section 42-1-41 of this Code, is responsible for the cost of removal by the City.
(i) Each day on which any violation of any of the provisions of Section 42-2-92(d) of this Code continues shall constitute a separate violation. The imposition of a fine under this section shall not be construed to excuse or to permit the continuation of any violation and, upon a blight violation determination may be subject to a civil fine for each day the violation continues. The determination as to whether an act or a failure to act is a continuing violation is within the discretion of the hearings officer.
(j) When determining the amount of a civil fine for a blight violation that is issued under Subsection (d) of this section, the hearings officer shall consider all of the following factors:
(1) The type of solid waste:
(2) The nature of the violation:
(3) The duration of the violation:
(4) The preventability of the violation:
(5) The potential and actual effect on the surrounding neighborhood or the environment:
(6) The economic benefit to the violator:
(7) The violator’s recalcitrance or efforts to comply with law; and
(8) The economic impact of the fine on the violator.
These factors shall only be considered where the hearings officer determines that the violator has made all good faith efforts to correct and terminate the violation. The violator shall have the burden of proof regarding the presence and degree of any factor to be considered by the hearings officer in determining the amount of the fine. In each case, the fine shall be set within the range that is delineated in subsections (a), (b), (c), (d), (e), (f), (g) or (h) of this section for the corresponding amount of solid waste.
Codified by Ord. No. 22-19 (JCC. 6/18/19, Pass. 7/2/19, App. 7/9/19, Pub. 7/31/19, Eff. 7/31/19); Saved From Repeal by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19).