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:
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: the date the offense was found, the specific
nature of the offense, and the 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 an NOPC, a corresponding complaint
shall be issued as follows: