[Adopted by Ord. No. 8-1997 (Ch. 1.08 of the 1996 Municipal Code)]
[Amended by Ord. No. 17-2002]
A.
Penalties for violations of municipal ordinances. For a violation
of any provision of this Code or any other ordinance of the City where
no specific penalty is provided regarding the section violated, the
court, upon conviction, may impose one or more of the following: imprisonment
in the county jail or any place provided by the City for the detention
of prisoners for any term not exceeding 90 days; or by a fine not
less than $100 or more than $2,000; or by a period of community service
not exceeding 90 days.
[Amended 6-14-2011 by Ord. No. 05-2011]
B.
Repeat offender. Any person who is convicted of violating an ordinance
within one year of the date of a previous violation of the same ordinance,
and who was fined for the previous violation, shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person for a repeated offense shall
not be less than the minimum or exceed the maximum fine fixed for
violation of the ordinance, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
Except as otherwise provided, each and every day in which a
violation of any provision of this Code or any other ordinance of
the City exists shall constitute a separate violation.
[Amended by Ord. No. 17-2002]
A.
The maximum penalty stated herein is not intended to state an appropriate
penalty for each and every violation. Any lesser penalty, including
the minimal penalty, may be appropriate for a particular case or violation,
in the discretion of the appropriate court.
B.
Any person convicted of a violation of any ordinance may, in the
discretion of the court by which he was convicted, and in default
of the payment of any fine imposed therefor, be imprisoned in the
county jail or a place of detention provided by the City for any term
not exceeding 90 days or be required to perform community service
for a period not exceeding 90 days.
C.
In case of the amendment of any chapter of this Code containing provisions
for which a penalty is provided by such chapter, the penalty so provided
shall be held to relate to amendments and additions to the chapter
and amendments to the sections contained therein, whether reenacted
in the amendatory ordinances or not, unless such penalty is specifically
repealed or amended therein.
[Added 3-1-2011 by Ord. No. 02-2011]
A.
The Burlington Municipal Code shall be amended to allow for the following
violations to be paid through the Violations Bureau without the necessity
of a court appearance. In the event that any such summons is issued
by City of Burlington Police Department, City of Burlington Code Enforcement,
or any other official of the City of Burlington, absent any specific
indication that a court appearance is required, no appearance shall
be required and the person committing the violation shall be permitted
to pay the following violations through the City of Burlington Municipal
Court Violations Bureau in the amount set forth as follows:
|
Code Section
|
Violation
|
Amount Payable
|
|---|---|---|
|
§ 80-11
|
Unlicensed automatic amusement devices
|
$150
|
|
§ 84-4 (A-G)
[Amended 2-2-2021 by Ord. No. 08-2021] |
Regulations (dogs)
|
$100
|
|
§§ 84-4, 85-51
[Amended 2-2-2021 by Ord. No. 08-2021] |
Nuisance by dog (owner supervision); failure to clean up dog
waste from any public property
|
$150
|
|
§ 103-2
|
Boat ramp violation
|
$84
|
|
§ 195-13B
|
Failure to apply or obtain required Uniform Construction Code
permit prior to beginning work
|
$100
|
|
§ 195-17G
|
Maintenance of exterior stair; porch appurtenance shall be in
sound condition and repair
|
$100
|
|
§ 195-19A
|
Rodent infestation
|
$250
|
|
All living spaces heated at least 65° at a position of 36
inches above floor level throughout living space
|
$150
| |
|
§ 195-20E
|
Smoke and carbon monoxide detectors to be maintained
|
$250
|
|
§ 195-26B
|
Exterior commercial structure be maintained in good order
|
$250
|
|
§ 195-26D
[Added 2-2-2021 by Ord. No. 07-2021] |
Maintenance of commercial property (improper disposal of items)
|
First offense: $500; second offense: $1,000
|
|
§ 195-29
|
Operation of an unlicensed residential rental property
|
$500
|
|
§ 195-29
|
Failure to renew landlord license
|
$250
|
|
§ 195-32
|
Failure to update change in occupancy of a rental or application
within 20 days
|
$150
|
|
§ 195-33
|
Occupancy of any residential rental property without obtaining
certificate of inspection
|
$250
|
|
§ 195-34A
|
Failure to provide access for inspection
|
$100
|
|
§ 195-34B
|
Tenants must provide access to owners or agents to abate ordered
or needed repairs
|
$250
|
|
§ 195-39B
|
Only those persons on file with the City may occupy the rental
unit
|
$150
|
|
§ 195-42A
|
Nuisance prohibited, no rental property shall be conducted in
a manner constituting a nuisance to others
|
$150
|
|
§ 195-42B
|
Compliance with other laws, maintenance of rental properties
|
$250
|
|
§ 207-35E
|
Failure to obtain Historic Commission approval prior to acting
|
$250
|
|
§ 207-71O
|
Rooming houses and boardinghouses prohibited within City of
Burlington limits
|
$500
|
|
§ 207-92
|
Occupancy without inspection or occupancy certificate (nonrental)
|
$250
|
|
§ 207-93
|
Failure to obtain Zoning or Land Use Board approval prior to
beginning work
|
$150
|
|
§ 217-10
|
Open/overflowing trash bin/container
|
$100
|
|
§ 251-9
[Added 2-2-2021 by Ord. No. 08-2021] |
Rules for use of dog parks
|
$84
|
|
§ 265-1
|
Unkempt grass or lawn
|
$84
|
|
§ 300-5
|
Trash placed out for collection prior to 12 hours
|
$50
|
|
§ 300-6
|
Trash containers awaiting collection
|
$50
|
|
§ 300-9
[Added 2-2-2021 by Ord. No. 05-2021] |
Trade waste
|
First offense: $500; second offense: $1,000
|
|
§ 300-17
|
Recyclables in trash
|
$50
|
|
§ 300-17
|
Recyclables placed in improper recycling container
|
$50
|
|
§ 306-1
|
Snow removal from sidewalks
|
$84
|
|
§ 306-2
|
Casting snow into the roadway
|
$84
|
|
§ 330-3
|
Oversized vehicle parking
|
$56
|
|
§ 344-6
|
Prohibited parking (emergency/weather)
|
$84
|
B.
Nothing herein shall prohibit any of the within summonses as issued
to require a court appearance. In such a case, the appropriate issuing
department, agency or official shall indicated the same via notice
on the summons itself, indicating "Court appearance required."
C.
Nothing herein shall be construed so as to prevent someone from pleading
not guilty, requesting a court appearance, trial or otherwise appearing
before the Municipal Court Judge. In such an event, the attached schedule
of fines payable through the Violations Bureau of the City of Burlington
Municipal Court shall not be construed as limiting amounts imposed
by the Municipal Court Judge. All such fines imposed by the Court
shall be in accordance with the minimums and maximums as set forth
in the ordinances.
