Fulton Violation; penalties; enforcement ordinance (§ 46-39)

(a) Citation. Failure of the owner or other person in control of property subject to a notice issued pursuant to this chapter to abate or remove the condition or conditions constituting a nuisance within the time stated by the notice may result in a citation being issued to such owner or other person in control of the property. The citation shall define the violation and state the place, time, and date of the court appearance.

(b) Penalty. Any person issued a citation for violating this chapter may be charged with court costs and punished as follows:

(1) First offense: Not less than $250.00 and not more than $500.00. Note: The minimum penalty amount shall apply if it is paid before court date.

(2) Second offense in a 12-month period: Not less than $500.00 and not more than $750.00.

(3) Third offense in a 12-month period: Not less than $1,000.00 and not more than $1,500.00 and no less than four hours or no more than three days in jail.

(4) Fourth offense in a 12-month period: Not less than $1,250.00 and not more than $1,750.00 and no less than three days and no more than ten days in jail.

(c) Continual violation. Each day that a person fails to abate or remove the condition or conditions constituting a nuisance may be deemed a separate offense for which the violator may be penalized without necessity of further notice.

(d)

Civil enforcement. The city may institute a civil action in the circuit court of the county against any person failing to comply with any order given pursuant to this chapter to secure the abatement or removal the condition or conditions constituting a nuisance or for the recovery of any costs as provided herein.