§ 78-416. Penalties.

(1)

Penalties for violations of division 2 of this article shall be as follows:

(a)

For the first offense, there shall be issued a written warning by the designated permit manager, granting the permit holder an opportunity to remedy the violation within a reasonable time (not to exceed 30 days) as determined by the designated permit manager.

(b)

For the second offense, the penalty shall be a fine in the amount of $250.00.

(c)

For the third and subsequent offenses, the penalty shall be a fine in the amount of $500.00.

(2)

For purposes of the progressive fines set forth in this section, when three years have elapsed from the date on which a permit holder last committed an offense under this article, such offense, and any prior offenses, shall not be considered in assessing the penalties herein.

(3)

Fines imposed in accordance with this section shall be deemed to be civil fines and shall be charged to the responsible party.

(4)

Individuals designated by the designated permit manager shall be authorized to conduct inspections of public and commercial properties in order to determine compliance with the provisions of this article and issue citations to responsible parties deemed to be in violation thereof.

(5)

When a fine is imposed under this section, the responsible party shall be given a citation containing notice of his right to a hearing before the designated permit manager. Such citation shall inform the responsible party of the reasons for which he is fined. Such citation either shall be delivered personally to the responsible party or shall be sent by registered or certified mail to the responsible party's address as reflected on the application.

(Ord. No. O-072-2018, § 2, 5-5-18)