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§ 300-35 Violations and penalties.
A. Failure to comply with any provision of this chapter shall be a violation.
B. There shall be a rebuttable presumption that the occupant and record
owner of the property, according to the records of the City Tax Collector,
on whose property any bulky items are placed for pickup and disposal
are responsible for the improper placement of each item for pickup
in violation of this section.
C. Except as otherwise specifically provided within this chapter, any
person who shall violate the provisions of this chapter shall be liable
to pay a fine of $35 for a first offense, $75 for a second offense
and $150 for a third offense. Such amounts may be paid without appearance
in court unless the summons otherwise indicates that a court appearance
is necessary before the Judge of the Municipal Court of the City of
Bridgeton. If a court appearance is required, the Court shall, upon
conviction, impose the general penalty as provided in Chapter 1, Article
III, for an offense/violation. If a court appearance is required,
the court may also impose remediation and community service up to
30 days. In addition, any person, firm, corporation or other entity
convicted of a violation of this article shall pay all expenses incurred
for the removal of said trash, garbage or refuse. Each day that a
violation occurs may be considered as a separate violation of the
provisions of this article.
D. For purposes of determining the imposition of penalties for more
than one offense or violation:
(1) An owner of property shall have such violations and penalties applied
separately to each property owned.
(2) Such offenses and violations shall accumulate on a yearly basis only,
beginning January 1 of each year.
§ 300-36 Rebuttal.
For multi-dwelling unit properties, the following process shall
be used to rebut the presumption of responsibility for violations
of this chapter.
A. For each instance of a violation of this chapter, the property owner
of record shall be issued a notice of pending complaint (NOPC) containing
the following information: date the offense was found, specific nature
of the offense, associated property address, accompanied by photographic
evidence of the offense.
B. The property owner shall have 10 calendar days from the issue date
of the NOPC to provide the Department of Public Works the name, and
address, of the person responsible for the offense. The reply shall
be made in writing by mail (or e-mail) to the address specified in
the NOPC.
C. For each offense specified in a NOPC, a corresponding complaint shall
be issued as follows:
(1) To the person identified in the written reply to the NOPC as responsible
for the offense; or