Piedmont Municipal Code Div. 9.10 Enforcement

The director, or his or her designee, has the authority to enforce this chapter and the WMA ORRO, in addition to the authority granted to police officers. The director is authorized to establish rules and regulations for the purpose of enforcing of the provisions of this chapter and the WMA ORRO.

The city will provide written notification to single-family dwelling service recipients who violate Section 9.04.050. For the fourth and subsequent violation of this section in any one calendar year, the city may impose fines as follows: Forth offense $50.00 fine Fifth offense $100.00 fine Six offense $150.00 fine

The failure to pay fines imposed, or the seventh offense for failure to comply with the requirements of Section 9.04.050, constitutes a violation of this chapter. If a violation has occurred, the director may require that the single-family dwelling service recipient subscribe to and pay for on-premises collection as provided by the contractor.

A. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Unless otherwise specified in this chapter, a violation of any of the provisions or failing to comply with any of the mandatory requirements of this code shall constitute a misdemeanor except that notwithstanding any other provisions of this code, any such violation constituting a misdemeanor under this code may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise made in this code, shall be punishable by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period of not more than six months, or by both fine and imprisonment.

C. Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of this chapter shall be punished by a fine not exceeding five hundred dollars or imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

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D. Each such person may be charged with a separate offense for each and every day during any portion of which a violation of any provision of this code is committed, continued or permitted by such person, and shall, upon conviction, be punishable accordingly.

E. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance, and may be summarily abated as such by this city, and each day that such condition continues shall be regarded as a new and separate offense.

F. In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the City. In any such action, the City may seek, and the court shall grant, as appropriate, any or all of the following remedies:

1. A temporary and/or permanent injunction;
2. Assessment of the violator for the costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection (including attorneys' fees);
3. Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation (including attorneys' fees).

G. The city may enforce this chapter by any lawful means possessed by the city, including but not limited to those set forth in section 1.7 and 1.9 of the code, and any remedies available under any applicable state or federal law pursuant to any other lawful power the city may possess. Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

Any violations relating to organic waste shall be enforced by an Enforcement Agency or the City of Piedmont in accordance with the provisions of Section 12 of the WMA ORRO.

(Ord. 763 N.S. 01/2022)

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