§ 10-611. UNLAWFUL DUMPING.

Unauthorized dumping, under Section 6-210, is unlawful and a public nuisance and may be abated under Sections 10-609 or 10-616. The Director may collect all of the city's costs against violators under Article 5 of Chapter 1. The Director may issue a Notice and Order, consistent with the procedures found in Section 10-608, to any violator, to order an abatement of the violation, except that a violator may be required to clean up the violation within three days of personal service or six days from service by mail. A violator's vehicle used in the commission of unlawful dumping and determined to be a nuisance vehicle may be impounded. Violators may be issued administrative citations for penalties in the following amounts:

(a)

for the first violation, one thousand dollars ($1,000), plus one times the city's costs to abate the violation if the city is required to abate the public nuisance;

(b)

for the second violation, one thousand five hundred dollars ($1,500.00), plus two times the city's costs to abate the violation if the city is required to abate the public nuisance; and

(c)

for the third violation and all others thereafter, three thousand dollars ($3,000.00) plus three times the city's costs to abate the violation if the city is required to abate the violation.

Citations may be issued without any prior notice. Penalties may be issued in two citations in cases where the city is required to abate, with the second citation issued after the city determines its costs. For purposes of the additional penalty assessments, the city will be "required to abate" when a violator fails to properly comply with a Notice and Order or when summary abatement is necessary because the location or condition of the nuisance poses a imminent threat to the public's health, safety or welfare or to nearby property, such as it being located in a public right of way. Citations issued under this section shall be issued under the procedures found in Section 1-308, except to the extent that any provision in this section conflicts with those found in Section 1-308, this section controls. Citations or Notice and Orders issued under this section may be appealed under Article 4 of Chapter 1, except that the order shall not be automatically stayed upon an appeal being filed. Citations issued under this section may be collected under Article 5 of Chapter 1. Nothing in this section is intended to affect the responsibilities, liability, or rights of any person or entity, including the city, under any Federal or State law or regulation related to hazardous waste cleanup. The actions and remedies provided under this section are cumulative to any others provided by law.

(d)

Enforcement Authority. The Director, or designee, shall have the authority to enforce the provisions of this article.

(e)

Other Remedies Not Precluded. Nothing in this Code shall be deemed to limit the right of the city to bring civil or criminal action against a person who violates Section 6-210, including but not limited to misdemeanor prosecution.

(Added Ord. 2001-40, § 5, 5-28-01; Am. Ord. 2003-40, §§ 1, 2, eff. 6-17-03; Am. Ord. 2005-14, § 42, eff. 4-9-05; Am. Ord. 2017-72, § 1, eff. 1-18-18).