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Home My WebLink AboutORD 2669- M> - i , 7 " T � I' 1I 1 11 h ( 4 1Y ( i r h 1 fl �l H 7 7. f � •�� -r .l,pl.. gp�p �!y'. .� ��'t.d �3"` �! n r!�'�I�( al _ �! s Ltia =i.- I tl M t. �, Aa ir. Yap,,'; L r r C = 1 i ! k i r PR A ij -1➢{ , � _ �p F, 4 1 vit ?rt - I Wk s ,I^ f hundred dellafry ($300.00) or imprisonment fiat emeeeding 4hifty (30) days er- both Each day in which any such violation shall continue shall be deemed a separate offense. Section 3: That Chapter 4, Article 5, Section 04- 05- 07(2)(H) of the Caldwell City Code is amended to read as follows: (H) Any person, firm, joint venture, trust, partnership, limited liability company, association or corporation by and through a member, representative or agent, who shall violate any of the provisions hereof shall be guilty of a misdemeanor and shall be subject to fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code � 50 -302, as amended a fine of not less than fifty dellafs more than dwee huadi-7ed dellafs 4300-004. or- te impfiseamerg in Geun4y i@41 not to exeged +s.;,.+.. ram a Section 4: That Chapter 4, Article 7, Section 04- 07- 33(2)(A) of the Caldwell City Code is amended to read as follows: (A) A user which has violated or continues to violate any provision of the Article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall be liable to the Qty � ' guifty of a misdemeanor and subject to a fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code & 50 -302, as amended, . In the case of a monthly or other long -term average discharge limit, penalties shall accrue for each day during the period of the violation. Each day in which any such violation shall continue shall be deemed a separate offense. Section 5: That Chapter 4, Article 7, Section 04- 07- 33(3)(A) of the Caldwell City Code is amended to read as follows: (3)(A) A user who has willfully and knowingly and/or with gross negligence violated any of the provisions of this article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard or requirement shall, upon conviction, be guilty of a misdemeanor, punishable by fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code § 50 -302 as amended. fiRe.ef not more- than il . Each day in which any such violation shall continue shall be deemed a separate offense. Section 6: That Chapter 4, Article 7, Section 04- 07- 33(3)(B) of the Caldwell City Code is amended to read as follows: (3)(B) A user /domestic user who has willfully and knowingly and/or with gross negligence introduced any substance into the POTW which causes personal injury or property damage shall, upon conviction, be guilty of a misdemeanor and be subject to fine and/or imprisonment up to but not exceeding the maximum penalties set forth in i • Idaho Code § 50 -302, as amended , ^we be S*eet to 4nosenment for ° ° Y This penalty shall be in addition to any other cause of action for personal injury or property damage available under state law. Section 7: That Chapter 4, Article 7, Section 04- 07- 33(3)(C) of the Caldwell City Code is amended to read as follows: (3)(C) A user /domestic user who has willfully and knowingly made any false statements, representations, or certifications in any application, record, report, plan, or other documentation filed, or required to be maintained, pursuant to this article, wastewater discharge permit, or order issued hereunder, or who falsified, tampered with, or knowingly rendered inaccurate any monitoring decide or method required under this article shall, upon conviction, be punished by fine and/or imprisonment up to but not exceeding the maximum penalties set_ fo in Idaho Code S 50 -302, as amended a fine of r_vaav uavuuuaaas ...v.. �y..,vvv.,...� t.r.. .......r. v.y t.... .. »J, .... - ... �.......... - -.., for not aier-e than ene f or- both, Section 8: That Chapter 4, Article 11, Section 04 -11 -03(1) of the Caldwell City Code is amended to read as follows: (1) Violators of these rules and regulations are subject to civil and criminal penalties as prescribed by the authorities of the City. Any violations for which penalties are not prescribed shall be considered misdemeanor violations and shall be punished by fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code & 50 -302, as amended. _,_ _ sha „ _ _d gL-__ L_._a -_a dollars (P0 0 . 00 ) t i d ays r Section 9: That Chapter 4, Article 17, Section 04 -17 -25(2) of the Caldwell City Code is amended to read as follows: (2) Any person who shall continue any violation beyond the time limit provided for in subsection (1) of this section, shall be guilty of a misdemeanor, and on conviction thereof shall be subject to by fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code § 50 -302, as amended a fine not eyweeding Each day in which any such violation shall continue shall be deemed a separate offense. Section 10: That Chapter 7, Article 03, Section 07- 03- 01(5)(A)(1) of the Caldwell City Code is amended to read as follows: (1) Any person owning, managing or occupying any lots, lands or premises within such incorporated limits of the City who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in Section 07 -03 -01(2) shall be deemed guilty of a misdemeanor. The Code Enforcement Officer shall have the authority to issue a ticket to violators of Section 07- 03- 01(2). Any 0 0 person convicted of a violation of this Section shall be fined and/or iMI26soned_up to but not exceedinia the maximum venalties set forth in Idaho Code § 50 -302 as amended in-a ($300.90) for any one (1) offense, Fiet more than 4�� (30) days. Either- or- b&ffi such fine and it. may be Section 11: That Chapter 7, Article 03, Section 07- 03- 03(3)(A) of the Caldwell City Code is amended to read as follows: (A) Any person owning, managing, or occupying any lots, lands or premises within such incorporated limits of the City who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in Section 07 -03 -03 may be cited by the Code Enforcement Officer or his designee for violation of this Code provision. Violation of said Code provision shall be a misdemeanor with a fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code § 50 -302, as amended maximum fine of Off °e handfed dell "s ($300 Section 12: That Chapter 7, Article 09, Section 07 -09 -07(1) of the Caldwell City Code is amended to read as follows: (1) Any person owning, managing, or occupying any lots, lands or premises within such incorporated limits of the City who shall, after notice, fail, refuse or neglect to continuously keep weeded out, cut down, obliterated or destroyed the herein described weeds, grasses and growths in the manner prescribed in accordance with the provisions of Section 07 -09 -03 shall be deemed guilty of a misdemeanor. The Code Enforcement Officer or Mayor's designee shall have the authority to issue tickets to violators of Section 07- 09 -03. Any person convicted of a violation of this Section shall be fined and/or imprisoned up to but not exceeding the maximum penalties, set forth in Idaho Code § 50 -302, as amended i W for any one (1) offense and ° rah pefsen may b eenfified in J ag fer a por-iod of not Faer-e than �hifty (3 0) days. Either of both sueh fine F11; d Section 13: That Chapter 7, Article 11, Section 07-11 -11 (1) of the Caldwell City Code is amended to read as follows: (1) Any person owning, managing or occupying any lots, lands or premises within such incorporated limits of the city who shall, after notice, fail, refuse or neglect to continuously keep the property they control free from refuse in a manner prescribed in section 07 -11 -01 of this article shall be deemed guilty of a misdemeanor. The code enforcement officer shall have the authority to issue a ticket to violators of section 07 -11- 01 of this article. Any person convicted of a violation of this section shall be fined and/or imprisoned up to but not exceeding the maximum penalties set forth in Idaho Code § 50- 302 as amended in a sum not less than one hundred dollars ($100.00) and net to eyreed thfoe hundred dellafs ($900.00) for any one offense, • 0 jail &r - a period of no! mefe than diiAy (30) days. EMer ef both suah fing And may be imposed. Each day in which any such violation shall continue shall be deemed a separate offense. Section 14: That Chapter 8, Article 01, Section 08 -01 -15(3) of the Caldwell City Code is amended to read as follows: (3) Penalty: Any person violating any of the provisions of this Section shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof, be fined and/or imprisoned up to but not exceeding the maximum penalties set forth in Idaho Code S 50 -302, as amended in Section 15: That Chapter 8, Article 06, Section 08 -06 -15(1) of the Caldwell City Code is amended to read as follows: (1) A fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code § 50 -302, as amended , In lieu of the fine, the Court, with the consent of the person convicted or pleading guilty, may order the person to complete parenting classes or undertake other treatment or counseling as defined by the Court. If the person completes the classes, treatment or counseling to the satisfaction of the Court, the person may be discharged. If the person fails to complete the classes, treatment or counseling to the satisfaction of the Court, the Court may then order payment of a fine and/or im risonment up to but not exceedin g the maximum penalties set forth in Idaho Code § 50- 302 —as amended not fner than one thousand dollars and Section 16: That Chapter 8, Article 13, Section 08 -13 -19(1) of the Caldwell City Code is amended to read as follows: (1) Any person who shall violate any provisions of this code or standards hereby adopted or fail to comply therewith, or who shall violate or fail to comply with orders made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the appeals process or by a court of competent jurisdiction, within time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine and/or imprisonment up to but not exceeding the maximum penalties set forth in _Idaho Code § 50 -302 as amended of ne! l ess tha fift., dell„_., ($50 n a +x..,,, gffee htffidfod dollar-s ($3 00.00) er- by ifnpr-isenmefA for- no! less than dii� (3 9) days nor Fner-e than one The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. Section 17: That Chapter 11, Article 05, Section 11 -05 -02(2) of the Caldwell City Code is amended to read as follows: (2) Upon conviction of any violation of any of the provisions ofd Chapter, such person shall be punished by a fine and/or imprisonment_ up to but not exceeding the maximum penalties set forth in Idaho Code § 50 -302, as amended htmdr-ed dellafs ($100,00) ef by impfiseiffnefA of net more dmn tb�i4y (;0) days, of bedfi. Section 18: That Chapter 12, Article 05, Section 12 -05 -09 of the Caldwell City Code is amended to read as follows: Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code 50 -302, as amended not to emceed di4y (30) days or. by hAth ;mph 44 e and imp4seamons. Each separate day or any portion thereof during which any violation of this Article occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided. In addition to or in place of other penalties provided by this Code, failure to obtain a permit when required shall cause that permit fee to be quadrupled. Section 19: That Chapter 12, Article 07, Section 12 -07 -17 of the Caldwell City Code is amended to read as follows: Any person violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine and/or imprisonment up to but not exceeding the maximum penalties set forth in Idaho Code 50 -302 as amended net te emeeed fliifty (M) days or. by both s eh fine and Each separate day or any portion thereof during which any violation of this code occurs or continues shall be deemed to constitute a separate offense and upon conviction thereof shall be punishable as herein provided. In addition to or in place of other penalties provided by this code, failure to obtain a permit when required shall cause that permit fee to be quadrupled. Section 20: That Chapter 12, Article 15, Section 12 -15 -05(3) of the Caldwell City Code is amended to read as follows: (3) Penalties For Noncompliance: No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Article and other applicable regulations. Violations of the provisions of this Article by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. M1 y i� S N r a � d �i � � � �, e� ' i'� �- f �� y M1 y i� S ... - r a � d �� e� ' �- f �� - 1 T J � �� I .W � +� a