§ 15-6-132. PENALTIES FOR VIOLATIONS.

(A)

A person who violates a provision of this chapter, or who fails to perform a duty required of the person under this chapter, commits an offense. A person is guilty of a separate offense for each day or part of a day during which a violation is committed, continued, or permitted.

(B)

An offense under this chapter is punishable by a fine of not more than $2,000 and, upon a first conviction, not less than $100.

(C)

The minimum fine established in Subsection (B) shall be doubled for the second conviction of the same offense within any 24-month period and trebled for the third and subsequent convictions of the same offense within any 24-month period. At no time shall the minimum fine exceed the maximum fine established in Subsection (B).

(D)

In addition to being subject to criminal enforcement and penalties as provided in Subsections (A), (B), and (C) of this section, a licensee that violates or causes or permits the violation of any of the provisions of this chapter commits a civil offense and is civilly liable to the city for an amount not to exceed $2,000 for each violation. A licensee is liable for a separate violation for each day or part of a day during which a violation is committed, continued, or permitted.

(E)

In addition to being subject to civil and criminal enforcement and penalties for violations of this chapter, in any instance where a person and/or licensee's violation of this chapter creates or exacerbates an adverse public health or safety condition related to wet or dry solid waste material accumulation, release, or dispersal, the city may immediately abate the conditions in question without notice and charge the person and/or licensee for any and all costs and/or fees incurred by the city or any entity acting on its behalf for the abatement, cleaning, removal, and/or remediation of any location adversely affected by the violation of this chapter by the person and/or licensee.

(F)

The remedies provided in this chapter are cumulative and in addition to any and all other remedies available at law or in equity under applicable federal, state, and local law.

Source: Ord. 20090312-014; Ord. 20121018-024.