A.
It is explicitly intended that violations of this chapter shall be
enforced under a strict liability standard and no culpable mental
state or mental culpability need be alleged or proven for any element
of a violation or allegation. Proof of liability shall comprise of
evidence of personal observation that conduct has occurred, consisting
of the performance of a prohibited act or the failure to perform a
regulated act.
B.
Penalties for offenses. A violation of the provisions of this chapter
shall result in a fine of not less than $150 and not more than $250.
A second violation of the provisions of this chapter (committed within
a three-year period, looking back from the date of the violation,
regardless of the fines imposed on the prior violation) shall result
in a fine of not less than $250 and not more than $500. A third violation
of the provisions of this chapter (committed within a three-year period,
looking back from the date of the violation, regardless of the fines
imposed on the prior violations) shall result in a fine of not less
than $500 and not more than $1,000. All subsequent violations of the
provisions of this chapter committed within a three-year period, looking
back from the date of the violation, regardless of the fines imposed
on the prior violations, shall result in a fine of $1,000. Each day
a violation of this chapter occurs or continues shall constitute a
separate violation and shall be punishable as such hereunder.
Enforcement. The provisions of this Chapter 225 shall be enforceable by any police officer, building department director, building inspector or assistant building inspector, code and parking enforcement officer, parks superintendent, foreman or ranger, public works superintendent or foreman, housing or fire inspector, animal control officer, and any other Village title, position or department director as may be delegated by the Village Manager.
At a minimum, any notice of a strict liability violation pursuant
to this chapter shall contain (1) a list of all alleged violations
complained of, with specific reference to the provisions and sections
of the chapter involved; (2) a summary of the facts supporting each
violation; (3) a total amount of the fine or fines; and (4) instructions
for payment of such amount. The notice may be written to "John or
Jane Doe as Property Owner" until such time as the true identity may
be ascertained from official records.
Notices required pursuant to this chapter shall be served in
the following manner:
A.
Personally on any property owner; or
B.
Left with a person over the age of majority and suitable authority
or posted conspicuously at the property on which the violation occurred
and which is the subject of the notice, and delivered to the last
and usual place of abode of any property owner, if such place of abode
is known and is other than the property on which the violation has
occurred; and sent by first class, and certified or registered mail,
return receipt requested; or
C.
Where there is a determination by the Superintendent that the violation
endangers the public health, safety and welfare, is a nuisance, or
is in a public thoroughfare such as a sidewalk, the notice may be
served in the following manner (1) affixed to or otherwise conspicuously
posted upon such property, and (2) shall be mailed to the property
owner via overnight mail or delivered by overnight courier.
Without intent to supercede or limit the right of the Village
to fine or collect fines under a strict liability standard, upon the
failure of any property owner to perform the acts required herein,
the Village shall be entitled to compliance with this chapter by action
set forth this article. The Village, after giving due notice to such
property owner in accordance with this chapter, shall also be authorized
to perform such work herein required, and any costs incurred by the
Village in the performance of such work shall constitute and be collectible
as a tax lien on such property. Where the Superintendent has determined
that the violation is a danger to the public health, safety or welfare
or is a nuisance or where said violation interferes with a public
thoroughfare such as a sidewalk, and upon the failure of any property
owner notified as set forth herein to dispose of said litter within
24 hours after the date of the mailing and posting of the notice,
the Superintendent or a duly designated agent may cause such litter
to be removed from the subject property or public thoroughfare.
