Statesville City Zoning Code

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building or structural materials means materials such as lumber, bricks, plaster, roofing, loam and other substances accumulated as a result of repairs to or construction of buildings or structures.

Bulk container means a metal container of not less than six (6) cubic yards nor more than eight (8) cubic yards of storage capacity.

Commercial establishment means any office in or from which is conducted a service; retail or wholesale stores; bottling plants; printing establishments; religious, charitable or governmental offices; private clubs; hospitals; restaurants.

Curbside means that space in front of the property in the grass strip between the street and the sidewalk, where such strips exist, or that space immediately adjacent to that portion of the street right-of-way normally used by vehicles, whichever is applicable.

Garbage means waste food, tin cans, paper, small paper boxes, glass, plastic and similar nonbulky items commonly generated as waste through normal household activities. "Garbage" does not include liquid that may be drained into the sewer, large quantities of newspaper, building materials, lawn and garden waste (not resulting from food preparation), medium and large paper boxes, dead animals, nonacceptable refuse and bulky items.

Industrial waste means waste generated from manufacturing operations or industrial processing.

Nonacceptable refuse means poisons, acids, caustics, infectious materials, explosives, chemical liquids, whole trees, large tree limbs, tree stumps, tires and rubber waste and refuse of similar materials for waste.

Small dead animals means cats, dogs and other animals of similar size.

Trash means all waste other than garbage, industrial waste and nonacceptable refuse.

(Code 1959, § 10-1)

Cross reference— Definitions and rules of construction generally, § 1-2.

Violations of this chapter subject the offender to a civil penalty as provided in section 1-7.

(Code 1959, § 10-6; Ord. No. 25-87, 6-15-87)

The administration of the provisions of this chapter shall be the responsibility of the department of public works. It shall be the duty of the sanitation division, police officer or other public official to enforce all of the provisions of this chapter and to make any and all inspections necessary to determine whether or not the provisions of this chapter are being met.

(Code 1959, § 10-2)

(a)

No person shall throw, dispose of or sweep any garbage, trash, industrial waste or nonacceptable refuse into any street, storm drain, manhole or median strip.

(b)

No garbage or offensive or disease-producing materials shall be dumped for any purpose in or allowed to accumulate on any lot or space within the city limits.

(Code 1959, § 10-5)

State Law reference— Littering, G.S. § 14-399 et seq.

All householders and commercial establishments shall provide the necessary receptacles for refuse subject to removal by the sanitation division of the public works department.

(a)

Garbage receptacles. Rollout containers not less than eighty (80) gallons capacity, nor more than ninety-six (96) gallons capacity are required. Such containers must be so constructed that they can be emptied by the lifting devices mounted on city trucks. Rollout container is not to be removed from the premises to which it is assigned. All rollout containers shall be subject to the approval of the director of public works or his designee.

Every person shall dispose of garbage in a clean and sanitary manner by placing it in bags before putting it in the rollout container. Offal and fecal material must also be placed in a plastic bag before being placed in the rollout container.

(b)

Trash. Trash shall be placed at curbside in plastic bags or boxes. Trash may also be placed inside the rollout containers along with garbage for collection.

(c)

Leaves. Leaves shall be contained in the rollout container, plastic bags, heavy paper bags, or large boxes, except that from October first through February first, when leaves may be placed in loose piles at curbside. Loose leaves placed at curbside shall not contain any material other than leaves. At no other time shall loose piles of leaves be collected by city forces.

(d)

Limbs. Small bundles of limbs not exceeding four (4) feet in length and no more than four (4) inches in diameter which two (2) waste collectors can easily load into a garbage truck may be placed on the curb next to the rollout container for collection.

(e)

Bulk items. Bulky items such as stoves, refrigerators, water heaters, sofas, box springs, etc., are picked up from the curb usually the same time the garbage is collected. If these items cannot be handled easily by two (2) waste collectors, it shall be picked up with equipment designed for large bulky items at our earliest convenience.

(Ord. No. 58-88, 11-18-88)

Editor's note— Ord. No. 58-88, adopted Nov. 18, 1988, deleted former §§ 19-21 and 19-22, relative to preparation for collection and residential service, and enacted new §§ 19-21 and 19-22 to read as herein set out. The provisions of these former sections derived from Code 1959, §§ 10-3 and 10-4(a).

All garbage and most trash will be collected from the curb once each week, except for disruptions caused by inclement weather, legal holidays, or unavoidable circumstances.

Rollout containers may be placed at the curb on the night before the scheduled pickup. Rollout containers and other receptacles must be removed from the curb by 8:00 a.m. on the day after they are collected. It is the responsibility of the householder to pick up loose debris around the collection area. No person shall be entitled to use more than two (2) rollout containers per pickup.

The sanitation superintendent shall determine the area considered to be the curb as it relates to refuse collection pickup point.

Back door services is available for household garbage only on a once per week basis for those persons who are unable to use the rollout container. This service is subject to the approval of the public works director or his designee.

(Ord. No. 58-88, 11-18-88; Ord. No. 10-91, 4-1-91)

Note— See the editor's note to § 19-21.

It shall be the responsibility of the householder or commercial establishment to maintain proper care of the rollout container. If the rollout container is stolen or damaged from improper use or neglect, it shall be the responsibility of the householder or commercial establishment to replace the container. If the container is damaged by city sanitation workers, the city will repair or replace the container. The sanitation superintendent shall have the authority to discontinue service when a container becomes unserviceable and advise the householder and commercial establishment of same.

(Ord. No. 58-88, 11-18-88)

The following types of material may cause damage to the rollout container and shall not be deposited in the container: Large motor parts, batteries, concrete blocks, tree stumps, ashes, charcoal, paints, solvents, or other flammable materials.

No person or persons shall interfere or otherwise deter the normal refuse collection process by tampering with refuse containers or their contents unless by permission of the sanitation superintendent or his representative, nor shall any person place any hazardous refuse in any collection receptacle.

(Ord. No. 58-88, 11-18-88)

Rollout containers shall be stocked by the city and can be purchases at cost upon request.

(Ord. No. 58-88, 11-18-88)

Commercial service shall be limited to three (3) 96-gallon rollout receptacles or one (1) bulk container per collection. The city council may enact and charge a collection fee from commercial establishments. Such fees are to cover costs of collection as well as disposal. Collection of bulk containers shall be by contract with a private hauler at the expense of the commercial establishment.

(Code 1959, § 10-4(b); Ord. No. 18-91, 4-15-91; Ord. No. 12-18, 7-16-12)

Bulk containers suitable for handling by city equipment will be serviced no more than two (2) times each week. Such containers shall at all times be kept in a place easily accessible to city equipment, and no service shall be given those establishments permitting objects, obstructions or vehicles to hinder in any way whatsoever the servicing of the bulk containers.

(Code 1959, § 10-4(c))

(a)

Requirements and specifications. Subject to the further provisions of this section, owners of residential apartment buildings, public housing or of a group of residential apartment buildings in the same complex wherein there are more than seven (7) living units either in a single building or in the complex treated as a unit, are hereby required to install and maintain for each residential apartment building which contains more than seven (7) living units, and for each residential apartment group or complex which group or complex contains in the aggregate more than seven (7) living units, stationary bulk refuse containers according to the following specifications:

(1)

A minimum six (6) cubic yards capacity stationary bulk refuse container for each residential apartment building which contains more than seven (7) and less than seventeen (17) units, and for each residential apartment group or complex which group or complex contains in the aggregate more than seven (7) and less than seventeen (17) living units.

(2)

A minimum eight (8) cubic yards capacity stationary bulk refuse container for each residential apartment building which contains more than sixteen (16) and less than twenty-five (25) living units, and for each residential apartment group or complex which group or complex contains in the aggregate more than sixteen (16) and less than twenty-five (25) living units.

(3)

Where a residential apartment building or a residential apartment group or complex contains in excess of twenty-four (24) living units, additional stationary bulk refuse containers are hereby required to be installed and maintained as a minimum in the same ratio as herein set forth in paragraphs (1) and (2) of this section 19-24.1(a) or the living units in excess of twenty-four (24).

(b)

Applicability to new construction. All of the provisions of subsection (a) of this section, shall apply to all new construction, alteration or conversion of residential apartment buildings and residential apartment group or complex for which any building permit shall be or has been issued after the adoption of this section [Ordinance Number 50-88], where the residential apartment building or residential apartment group or complex of buildings will contain more than seven (7) living units; and no building permit shall be issued after the adoption of this section, for construction, alteration or conversion of a building or group or complex of buildings falling within the application of this section unless and until a plan approved in writing by the director of public works or his designee as showing adequate provision for installation of containerization of refuse as required by this section shall be furnished by the owner or developer; and no such residential apartment building or group or complex of residential apartment buildings to which this section applies shall be constructed, altered or converted after the adoption of this section, without providing for the use and maintenance of stationary bulk refuse containers as required by this section.

(c)

Location. The location of required stationary bulk refuse containers shall be so as to permit convenient and safe access by the servicing truck and equipment using all-weather streets or alleys of adequate strength, to minimize as far as reasonably permitted excessive walking distances for tenants and occupants, and to be as aesthetically pleasing as the circumstances will reasonably allow, in order to conveniently permit servicing of such stationary bulk refuse containers upon a collection schedule of once or twice per week.

(d)

Exemption. Complexes existing as of the date of the adoption of this section [Ordinance Number 50-88] shall be exempted from these requirements unless altered or converted under the provisions of subsection (b).

(Ord. No. 50-88, 10-17-88)

Editor's note— Nonamendatory Ord. No. 50-88, adopted Oct. 17, 1988, has been codified herein at the discretion of the editor as § 19-24.1.

Industrial waste shall be collected, removed and disposed of by the operator of the factory, plant or enterprise creating or causing the same. Tires and other rubber waste which are generated by businesses for which these are the commercial products shall dispose of this material by private means.

(Code 1959, § 10-4(d))

Nonacceptable refuse shall not be collected by city forces.

(Code 1959, § 10-4(e))

Small dead animals will be picked up without charge between 7:30 a.m. and 4:30 p.m. Owners of large dead animals shall be responsible for their removal and disposal.

(Code 1959, § 10-4(f))

Building materials and wastes from lot clearing and landscaping shall be collected, removed and disposed of by the city as set forth below:

(1)

Building materials such as lumber, bricks, plaster, sheetrock, roofing shingles, carpet, padding, linoleum and other materials accumulated as a result of repairs to or construction of buildings or structures will not be collected by city forces. These items shall not be placed at the curb.

(2)

Residential brush, limbs, tree sections and trash, will be picked up free of charge provided it is no more than four (4) feet in length and no more than four (4) inches in diameter and does not exceed two (2) cubic yards in total size. No stumps will be picked up and shall not be placed at the curb.

(3)

Residential brush, limbs, and trash piles exceeding four (4) feet in length or four (4) inches in diameter, or which exceed two (2) cubic yards in size, will be collected and hauled away provided a user fee for each load as set forth by city council has been prepaid. Lot clearing, tree pruning or cutting as a result of a hired contractor will not be picked up and shall not be placed at the curb.

(Code 1959, § 10-4(g); Ord. No. 38-92, 8-17-92)

Large, bulky appliances such as water heaters, refrigerators, washing machines, etc., will be picked up at curbside.

(1)

White goods include but are not limited to refrigerators, freezers, water heaters, microwaves, washers, dryers and similar large, bulky appliances.

(2)

These items will be picked up by the city provided arrangements are made with the sanitation division.

(Code 1959, § 10-4(h); Ord. No. 38-92, 8-17-92)

(1)

Medical waste includes, but is not limited to, microbiological waste, pathological waste, regulated and non-regulated medical waste, remains and sharps (including needles).

(2)

Medical waste shall not be collected by the city and shall not be included in garbage to be collected by the city.

(Ord. No. 38-92, 8-17-92)

This article shall be known and cited as "The City of Statesville Solid Waste Franchise Ordinance."

(Ord. No. 17-08, § 1, 5-5-08)

This article is enacted to promote and to protect the health, safety and welfare of the people of Statesville, North Carolina. It is the intention of the city council that the provisions of this article will encourage the establishment of a secure, safe and economical system of the disposal of solid waste as permitted by this article in the city that will comply with state and federal laws regulating such disposal.

(Ord. No. 17-08, § 2, 5-5-08)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjoining property. All property immediately adjacent to the site and all property located to the opposite side of any street, stream, railroad, road or highway from the site. If such property is owned by the same owner as the franchise applicant or any affiliate thereof, then adjoining property shall include the next contiguous tax parcel not owned by the franchise applicant or affiliate.

City. The City of Statesville.

City council. The council of the City of Statesville.

Control. Actual working control in whatever manner exercised.

Construction and demolition (C&D) landfill. A facility for the land disposal of construction and demolition debris, designed to meet the minimum standards of the state by utilizing acceptable landfill engineering technology.

Division. The state department of environmental and natural resources, division of waste management (including any successor agency or division).

Land clearing and inert debris ("LCID") landfill. A facility for the land disposal of inert debris, land clearing debris, yard trash and untreated and unpainted wood. The LCID facility is designed to meet minimum standards of the state by utilizing acceptable landfill engineering technologies.

Putrescible waste. Garbage, commercial and household waste of such a nature that it must be covered daily to control putrification.

Site. The tax parcel or tax parcels on which the C&D and/or LCID landfill is or will be located, and all property which is otherwise required for operation of the C&D and/or LCID landfill (for example, to provide appropriate buffers required by applicable law, if any).

Solid waste landfill. A solid waste disposal facility wherein "solid waste" as defined by state statutes and regulations is disposed.

(Ord. No. 17-08, § 3, 5-5-08)

No person, firm, partnership, corporation or any other form of nonpublic commercial enterprise shall construct, operate or maintain a solid waste landfill as defined in this article without the grant of a franchise by the city council.

Pursuant to the terms of this article, the city council may grant a franchise for a C&D and/or LCID and putrescible waste landfill only. No other solid waste landfills shall be permitted within the city.

The city council shall review all applications for a franchise to operate a landfill, and may grant a franchise upon terms acceptable to the city council. The city council may deny a franchise in its sole discretion.

(Ord. No. 17-08, § 4, 5-5-08)

An application for a franchise to operate a landfill shall be submitted to the city council for approval and shall contain the following information:

(a)

The name and address of the applicant and owner of the site;

(b)

The name, address and phone number for the party responsible for operation and maintenance of the site;

(c)

A copy of the deed evidencing the applicant's ownership of the site;

(d)

A legal description of the property or properties comprising the site;

(e)

A map or aerial photo showing (i) the entire site and (ii) the location of all homes, buildings, public or private utilities, roads, wells, watercourses, and general topography located within one-quarter mile of the site;

(f)

The names and addresses of all adjoining property owners as shown in the official records of the Iredell County Tax Supervisor's office;

(g)

A site plan showing the site boundary, landfill limits, access controls, roads and streams;

(h)

A statement of the population to be served by the landfill, including a description of the geographic area;

(i)

A description of the volume and types of materials to be disposed of at the site;

(j)

A projection of the useful life of the landfill;

(k)

Evidence that the site is consistent with all zoning and/or land-use planning ordinances applicable to the site;

(l)

A site plan showing all expansions to existing landfill operations on the site, which expansions are being proposed in, or would be allowed by, the applicant's landfill application submitted or to be submitted to the division;

(m)

If prepared on the date of application to the city, a copy of the application submitted to the division for a permit to construct and operate the landfill. If the landfill application submitted to the division is completed prior to the city council's action on the application under this article, the landfill application submitted to the division shall be submitted to the city council at the same time that it is submitted to the division;

(n)

A copy of all inspection and enforcement reports, and all other correspondence with the division;

(o)

If prepared on the date of application to the city, a copy of the application to the state division of land quality for an erosion and sedimentation control permit. If the erosion and sedimentation control permit submitted to the state division of land quality is completed prior to the city council's action on the application under this article, the erosion and sedimentation control permit application submitted to the state division of land quality shall be submitted to the city council at the same time that it is submitted to the state division of land quality; and

(p)

Any other pertinent information deemed necessary by the city council.

(Ord. No. 17-08, § 5, 5-5-08)

The city council may hold a public hearing on the issuance of a franchise for a landfill if the city council determines that sufficient public interest exists to warrant a public hearing. If the city council determines that a public hearing should be held, the city council shall schedule a time and place for said hearing.

A notice of such public hearing shall, at the expense of the owner/operator of the proposed landfill, be published at least once a week for two (2) successive calendar weeks in a newspaper of general circulation in the city. The city shall mail a notice of such public hearing to the owners/operators of the proposed landfill and adjoining property owners at least seven (7) days prior to the public hearing.

The proposed site shall be posted with a sign to give notice that such a public hearing will be held; provided, however, that the posting of the sign(s) is intended as an accommodation to the public and the failure to post such sign(s) shall not invalidate any action taken with regard to the application for a franchise.

(Ord. No. 17-08, § 6, 5-5-08)

The following conditions shall be included in all franchise agreements granted by the City of Statesville.

(a)

Upon approval from the division of the permit to construct and operate a landfill, the franchisee shall submit (i) a copy of such approval, and (ii) if not already submitted pursuant to this article, a copy of the application submitted to division.

(b)

The franchise shall be granted for a period of five (5) years;

(c)

Any franchise granted hereunder cannot in any event be sold, transferred, leased, assigned or disposed of, including but not limited to by force or voluntary sale, receivership or other means, without the prior consent of the city and then, under such reasonable conditions as the city may establish. The franchisee shall promptly notify the city of any actual or proposed change in, transfer of, or acquisition by any other party of control of the franchisee. A rebuttable presumption that a transfer of control has occurred shall arise upon the disposal by the franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of five (5) percent or more at one (1) time of the ownership or controlling interest in the franchisee, or twenty (20) percent cumulatively over the terms of the franchise, of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert;

(d)

The franchisee shall pay to the city (i) a yearly franchise fee to be negotiated and set out in the franchise agreement between the owners/operators of the landfill and the city and (ii) a certain sum for every ton of debris taken into the landfill;

(e)

The franchisee shall obtain comprehensive liability insurance and property damage insurance on an each event basis at a yearly minimum of three millions dollars ($3,000,000.00) per occurrence. All such insurance policies shall name the city, its officers, agents, servants and employees as additional insureds. The city council may require the franchisee to obtain or implement additional financial assurance mechanisms, in a form and on terms acceptable to the city council, to fund response actions related to environmental conditions that emanate or may emanate from the site;

(f)

The franchisee shall comply with all applicable rules promulgated by any state or deferral regulatory body, including but not limited to the state health services commission and the environmental management commission;

(g)

The franchisee shall comply with all applicable local, state and federal laws, rules and regulations pertaining to such landfills;

(h)

The franchisee shall keep records of all users of the landfill and reported sources of wastes delivered to the landfill;

(i)

The franchisee shall require that all trucks transporting debris be adequately covered or secured to prevent contents from falling, leaking, spilling or blowing;

(j)

The franchisee shall cause all public roads leading to the landfill to be cleared of all type debris at least twice per month for a distance of one (1) mile on both sides of the landfill entrance onto the public road;

(k)

The franchisee shall only accept waste at the landfill between the hours of 7:00 a.m. to 7:00 p.m. Monday through Saturday;

(l)

The franchisee shall provide dust control measures that will not allow dust to leave the site;

(m)

Open burning of any debris on the site shall be prohibited;

(n)

The franchisee shall give thirty (30) days written notice to the city council before abandoning the franchise;

(o)

Closure of the site shall comply with all local, state and federal rules, laws and regulations;

(p)

Upon closure of the site, the franchisee shall maintain all responsibility for maintenance of the site and any removal remediation, cleanup or other response actions at the site pursuant to applicable local, state and federal rules, laws and regulations; and

(q)

Any other conditions deemed necessary and reasonable by the city council.

(Ord. No. 17-08, § 7, 5-5-08)

After a quasi-judicial hearing, the city council may terminate or suspend all or any portion of a franchise for a violation of any applicable regulations governing the operations and management of a landfill or failure of the franchisee to comply with any provision of this article or the franchise agreement between the owner/operator and the city.

(Ord. No. 17-08, § 8, 5-5-08)

(a)

General enforcement. Violations of this article shall constitute a misdemeanor and/or, at the election of the city, shall subject the violator to civil penalties and/or, where permitted by law, equitable remedies for said violation as hereinafter provided.

(b)

Injunction and order of abatement remedies.

(1)

A violation of this article may be enforced by injunction and order of abatement by the general court of justice. When a violation occurs, the city may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and/or order of abatement commanding the defendant to cease the unlawful activity. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the North Carolina Rules of Civil Procedure in general and Rule 65 in particular.

(2)

An order of abatement may direct that buildings or other structures on the property be closed or that any other action be taken that is necessary to comply with this article. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, he or she may be cited for contempt, and the city may execute the order of abatement. The city shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the clerk of superior court in an amount approved by the judge before whom the matter is hears and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction in conjunction therewith.

(c)

Civil penalties.

(1)

Upon determination of a violation of any section of this article, the penalty for which is a civil penalty, the city shall cause a notice of violation to be issued to the violator by the appropriate official of the city and served on the violator or his agent, either in person or by first class United States mail, postage prepaid and addressed to the last known address of the violator as contained in the records of the city or as obtained from the violator or his agent. The appropriate city official serving the notice of violation shall sign and have notarized an affidavit describing the type of service and the date of service. The violator shall be deemed to have been served upon the mailing or personal service of the notice of violation. The notice of violation shall set out the nature of the violation and the date or dates of the violation, and shall contain an order to immediately cease the violation. The notice of violation shall specify that a second and subsequent citation will assess a civil penalty, together with costs, attorney fees, and such other relief as provided by law. The notice of violation shall also inform the violator of the violator's appeal rights. If the violation is in the nature of an offense for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be states within which the violation must be abated.

(2)

The violator must file an appeal from a notice of violation within ten (10) days from the service date of the notice of violation as indicated on the affidavit of service. An appeal is deemed filed with it is received by the city clerk or his or her designee. A violator who fails to file an appeal within the time period described above is deemed to have forfeited the appeal for the violation, the notice of violation, the civil citations, and the civil penalties assessed for the violation. Appeals shall be heard by the city council or other administrative process established by the city. The decision of the city council or other hearing officer is subject to review in the Superior Court of Iredell County in the nature of certiorari.

(3)

Where the city determines that the period of time stated in the original notice of violation is not sufficient for abatement based upon the work required or based on a consent agreement, the city may amend the notice of violation to provide for additional time.

(4)

Upon failure of the violator to comply with the notice of violation within ten (10) days of service of the notice of violation, a civil citation shall be issued by the appropriate official of the city and served on the violator or his agent, either in person or by first class United States mail, postage prepaid and addressed to the last known address of the violator as contained in the records of the city or obtained from the violator or his or her agent. The appropriate city official serving the civil citation shall sign and have notarized an affidavit describing the type of service and the date of the service. The violator shall be deemed to have been served upon the mailing or personal service of the civil citation.

(5)

The civil citation shall direct the violator to immediately cease the violation, shall inform the violator of the civil penalty, and shall direct the violator to make payment of the civil penalty to the city within ten (10) days of the date of the civil citation, or alternatively to pay the citation by mail postmarked within ten (10) days of service of the civil citation. Once a notice of violation has been issued and the ten-day warning period has expired, civil citations may be issued for each day the same or similar violation continues until the prohibited activity is ceased or abated.

(6)

If the violator fails to respond to a civil citation within ten (10) days of its service and pay the penalty prescribed therein, the city may institute a civil action in the nature of debt in the appropriate division of the North Carolina General Court of Justice for the collection of the penalty, costs, attorney fees and such other relief as permitted by law.

(d)

In the event any provision of this section is found to be invalid, the remaining provisions shall remain effective and valid.

(e)

The time periods of this section shall be computed in the manner set forth in Rule 6(a) and 6(e) of the North Carolina Rules of Civil Procedure.

(f)

The provision of this article may be enforced by one, all or a combination of the remedies authorized and prescribed by this section.

(Ord. No. 17-08, § 9, 5-5-08)

Should any part or provision of this article, as presently or as may hereafter be adopted, be declared by a court to be invalid or unconstitutional, such decision shall not affect the validity of this article as a whole or any part thereof other than the specific part so decided to be invalid or unconstitutional.

(Ord. No. 17-08, § 10, 5-5-08)

(a)

Each violation of this article constitutes a misdemeanor. Any person, firm, corporation, or other entity convicted of violating the provisions of this article is, upon conviction, guilty of a misdemeanor and is subject to a fine not to exceed one thousand five hundred dollars ($1,500.00) and/or subject to imprisonment for a period not to exceed thirty (30) days.

(b)

Civil penalties shall be in the following amounts:

First citation .....$  500.00

Second citation for same or similar violation .....1,000.00

Third and subsequent citations for same or similar violation .....1,500.00

Once a notice of violation has been issued and the ten-day warning period has expired, civil citations in the above amounts may be issued for each day the same or similar violation continues until the prohibited activity is ceased or abated in accordance with section 19-59 of this article.

(Ord. No. 17-08, § 11, 5-5-08)