§ 48-42. Violations; civil infractions; civil penalties.

(a)

Any violation of this article is a civil infraction.

(b)

Any person violating any provisions of this article; or failing, neglecting or refusing to comply with any section promulgated in this article; or who fails to correct within a reasonable time any violation noted during an inspection by the health officer, fire marshal or authorized representative shall be guilty of a civil infraction.

(c)

Any person who has committed an act in violation of this article may receive a citation from the health officer or fire marshal or a duly authorized representative who has probable cause to believe that the person has committed a civil infraction in violation of this article.

(d)

The county environmental court shall have jurisdiction over all violations of this article.

(e)

Any person issued a citation by the health officer, fire marshal or authorized representative may be deemed to be charged with a civil violation and shall comply with the directives on the citation.

(f)

Any violation of this article may be punishable by a civil penalty of not less than $50.00 nor shall be more than $500.00. Each day that any section of this article is violated shall constitute a separate punishable offense.

(g)

If a person fails to appear in court, such person shall be deemed to have waived their right to contest the citation and in such a case, a default judgment may be entered and the judge may impose a civil penalty at that time. An order to show cause may be issued. If the civil penalty is paid, the case shall be dismissed. If the civil penalty is not paid, judgment may be entered up to the maximum civil penalty.

(Ord. No. O-96-9-102, § 1(13), 10-28-96)