When the designated public official determines that a failure to comply with this chapter may have occurred, she/he shall recommend to the Municipality that the generator or originator of the solid waste or recyclable materials be subject to sanctions, fines or penalties as described herein. Notice and an opportunity to be heard shall be provided prior to the issuance of a sanction, fine or penalty.
A. 
The designated public official shall notify the affected generator of the alleged failure in writing. The notice shall include the following:
(1) 
A statement of the condition allegedly violated, referring to the pertinent ordinance, law, rule or regulation.
(2) 
A short and plain statement of the alleged misconduct.
(3) 
A statement of the time, place and nature of the hearing.
B. 
The notice shall be personally served or sent by registered or certified mail to the generator's last known address at least 10 days before the hearing date.
Hearings shall be held before the Town Justice, at which time the Town Justice shall determine whether the alleged failure to comply with this chapter has occurred.
A. 
Inspections and appearance tickets.
(1) 
All portions of vehicles and containers used to haul, transport or dispose of recyclable materials, including such containers placed outside residences, shall be subject to inspection to ascertain compliance with this chapter by any police officer, peace officer, code officer and any other public official designated by the Town of Aurora.
(2) 
Police officers, peace officers, code officers and any other specified public servant are hereby authorized and directed to issue appearance tickets for violations of this chapter.
B. 
Penalties.
(1) 
During any 12 consecutive months, the failure of any person engaged in the business of collecting MSW and/or recyclable materials or rendering solid waste and/or recycling services who collects, picks up, removes or causes to be collected, picked up or removed MSW or recyclable materials in a manner not in compliance with this chapter shall be guilty of a violation, punishable by a fine of not less than $200 and not exceeding the sum of $1,000 or by imprisonment for a term not exceeding 15 days, or both. Each day such violation occurs or continues shall constitute a separate offense.
(2) 
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
[Amended 3-28-2016 by L.L. No. 1-2016[1]]
[1]
Editor's Note: This ordinance also repealed former Subsection B(4), concerning the commencement date of penalties, and former Article VI, When Effective, which immediately followed this Subsection B.
(3) 
Any penalties or damages recovered or imposed under this chapter are in addition to any other remedies available at law or equity.