Editor's Note: The following sections of the 1989 Code, which were formerly included in this article, were repealed by Res. No. 5-19, 10-7-2019, eff. 12-12-2019: § 1-203, Municipal Infractions - Default Penalty; § 1-204, Penalties for Repeat Offenses; § 1-205, Issuance of Citation; § 1-206, Payment of Fine; § 1-207, No Formal Hearing by Town; § 1-208, Choice to Contest Citation in Court; § 1-209, Failure to Pay Fine; § 1-210, Prosecution of Municipal Infraction Cases; § 1-211, Court Proceedings and Rights of Defendants; § 1-212, Abatement of Violations; and § 1-213, Issuance of Warning Letters.
Violations of Town laws identified in this Code as Class A, B or C misdemeanors are criminal offenses, and upon conviction thereof before a court of competent jurisdiction shall be punishable by fine or imprisonment, or both, as follows:
Class A misdemeanors. Class A misdemeanors shall be punishable by a fine of not less than $100 nor more than $1,000, or imprisonment not exceeding six months, or both such fine and imprisonment.
Class B misdemeanors. Class B misdemeanors shall be punishable by a fine not exceeding $500, or imprisonment not exceeding 30 days, or both such fine and imprisonment.
Class C misdemeanors. Class C misdemeanors shall be punishable by a fine not exceeding $100.
Each day a separate offense. Each and every day that a violation continues shall constitute a separate offense.
Any person, organization, or corporation violating any of the provisions of this Code of Ordinances for the Town of Somerset shall be deemed liable for a municipal infraction or guilty of a misdemeanor.
Unless otherwise specified, violation of any provision or requirements of this Code shall constitute a municipal infraction. Upon citation for a municipal infraction for which a penalty is not assigned elsewhere, the violator, any person, including an owner of property, any authorized or unauthorized agent, any contractor for such owner, and any person performing work on or about the owner's property, who violates a provision of the Code, and any property owner who allows a violation of any provision of the Code on his or her property, shall be subject to a fine of $100 for a first violation and $200 for a second violation of the same provision of this Code within a twelve-month period.
Each violation shall constitute a separate infraction. Each day that a violation exists shall constitute a separate violation.
Upon conviction for a misdemeanor, the violator shall be fined or imprisoned or be both fined and imprisoned as specified in the particular provision or article violated. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
Notwithstanding the above and the declaration of any violation of this Code to be a misdemeanor, the Town may prosecute any violation of any provision of the Code as a municipal infraction, in the Town's discretion, and, except as otherwise specified in the Code, such violations shall be punishable by a fine not to exceed $100 for a first violation and $200 for a second violation of the same provision within a twelve-month period.
In addition to any other fine, penalty or remedy, the Town may seek, in a court of competent jurisdiction, to enjoin any violation of any section of this Code of Ordinances and may recover from any violator the costs of such action, including reasonable attorney's fees.
In addition to any other fine, penalty, or remedy, any person or persons violating or failing to comply with any provision of the Code, in whole or in part, shall take such action as may be necessary to remedy a condition which violates the provisions, and if such remedy is not completed within 10 days from the date of notification of violation, or such other period as the Council or Code may specify, the Council may by contract or otherwise remove the violation and the cost thereof shall be paid immediately by such person or persons upon request of the Council. The Town may collect the cost: