7.35.165 Civil Penalty.
(1) In addition to, or as an alternative to, any other penalty provided in this chapter or by law, any person who violates this chapter, unless otherwise stated herein, shall incur a civil penalty as provided as follows:
(a) Penalties for noncommercial violations shall be assessed at the rate of $50.00 per violation. Any person(s) engaged in the hauling, processing, or disposal of solid waste generated exclusively by the person(s) or his or her immediate family is engaged in a noncommercial action for purposes of this chapter.
(b) Penalties for commercial violations shall be assessed at the rate of $250.00 per violation. Any violation other than a noncommercial violation is a commercial violation.
(c) Each and every day or portion thereof during which any violation is committed shall be a violation for purposes of this chapter.
(d) Second, third or repeated, but separate, violations of a like nature, by the same person, are repeat violations. Penalties for repeat violations shall be two times (2x) the rates identified in subsections (1)(a) and (2)(b) of this section.
(2) In addition to, or as an alternative to, any other penalty provided herein or by law, any person who violates SCC 7.35.125 shall incur a civil penalty as provided as follows:
(a) Penalties for noncommercial violations shall be assessed at the rate of $50.00 per violation. Any person(s) engaged in the hauling, processing, or disposal of solid waste generated exclusively by the person(s) or his or her immediate family is engaged in a noncommercial action for purposes of this chapter.
(b) Penalties for commercial violations shall be assessed at the rate set forth below. Any violation other than a noncommercial violation is a commercial violation.
(i) Where the vehicle used to violate SCC 7.35.125 is less than five tons gross weight, the penalty shall be assessed at the rate of $500.00 per violation.
(ii) Where the vehicle used to violate SCC 7.35.125 is greater than five tons gross weight but less than 10 tons gross weight, the penalty shall be assessed at the rate of $1,000 per violation.
(iii) Where the vehicle used to violate SCC 7.35.125 is greater than 10 tons gross weight, the penalty shall be assessed at the rate of $1,500 per violation.
(c) Each and every day or portion thereof during which any violation is committed shall be a violation for purposes of this chapter.
(d) Second, third or repeated, but separate, violations of a like nature, by the same person, are repeat violations. Penalties for repeat violations shall be two times (2x) the rates identified in subsections (2)(a) and (2)(b) of this section.
(e) Chapter 10.70 SCC does not apply to the civil penalty imposed by this section. (Added by Amended Ord. 05-136, Nov. 30, 2005, Eff date Dec. 15, 2005; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date Mar. 1, 2013).