§ 49-9. Administrative penalty for failure to abate.

a.

In addition to the costs of administrative enforcement set forth in Section 49-7 and the administrative penalty set forth in Section 49-8, if a responsible party fails to abate a public nuisance resulting from a first-time violation, in violation of any final order issued pursuant to this Article, within three (3) days after the notice and order is served under Section 49-5, the administrative penalty established by the order shall become effective. The administrative penalty shall not exceed one hundred dollars ($100.00).

b.

The administrative penalty, or any portion thereof, for failure to abate a public nuisance resulting from a first-time violation which has become effective following the three (3) day corrective period may be waived by the Public Official in his sole discretion only if the responsible party corrects the violation in accordance with all conditions established by the Public Official.

c.

If a second violation of this Article is caused by the same responsible party within one (1) year of the first violation, and the same responsible party fails to abate a public nuisance resulting from the second violation within three (3) days, the administrative penalty shall be two hundred dollars ($200.00).

d.

If a third or subsequent violation of this code is caused by the same responsible party within one (1) year of the first violation, and the same responsible party fails to abate a public nuisance resulting from the third violation within three (3) days, the administrative penalty shall be five hundred dollars ($500.00).

e.

Neither the imposition nor the payment of an administrative penalty for violating this Article in Section 49-8 nor the payment of an administrative penalty for failure to abate a nuisance pursuant to this Section shall relieve the responsible party from his or her obligation to abate any public nuisance resulting from the violation, nor shall it bar further enforcement action by the Enforcement Officer.

f.

Nothing in Section 49-8 nor this Section shall affect or modify in any way the obligations or liabilities of any person under any other provision of State, federal or local law, including common law, for damages, injury, loss or for liability for nuisance abatement and nuisance abatement costs incurred by the County which results from a nuisance in the County.

(Ord. No. 3900, § 1, 1-25-05)