§ 19-90. Schedule of fines and fees.
(a)
The following is a list of fineable offenses under Chapter 19:
(1)
Blocked or inaccessible bulk waste [Reference section 19-11(e)].
(2)
Blocked or inaccessible automated container [Reference section 19-11(e)]
(3)
Blocked or inaccessible recycling container [Reference section 19-11(e)]
(4)
Outbuildings larger than one hundred fifty (150) square feet placed at curbside for collection [Reference section 19-28(22)]
(5)
Unauthorized container placed at curbside for collection [Reference section 19-3, "authorized container" definition]
(6)
Contractor generated debris placed at curbside for collection [Reference section 19-28(2)]
(7)
Land clearing debris placed at curbside for collection [Reference section 19-28(3)]
(8)
Hazardous or special waste placed at curbside for collection [Reference section 19-28(1)]
(9)
Litter [Reference section 19-60(a)]
(10)
Tires placed at curbside for collection [Reference section 19-28(23)]
(11)
Removal of containers from assigned property [Reference section 19-25(c)]
(12)
Trash in recycling container placed at curbside for collection [Reference section 19-23(b)]
(13)
Loose vegetative debris placed at curbside for collection [Reference section 19-28(20)]
(14)
Debris set out at vacant property or vacant lot placed at curbside for collection [Reference section 19-20(g)]
(15)
Debris set out at vacant property after eviction has been collected [Reference section 19-31]
(16)
Debris set out for collection after sixty (60) days of grace period [Reference section 19-12(a)]
(17)
Debris placed at curbside for collection outside of designated hours of placement [Reference section 19-24(a)]
(18)
Storing containers at side or rear of dwelling and leaving containers overnight on streets after collection [Reference section 19-24(b)]
(19)
Appliance placed at curbside without a scheduled appointment for collection [Reference section 19-11(b)]
(20)
Oversized limbs or logs placed at curbside for collection [Reference section 19-28(18)]
(21)
Tree stumps placed at curbside for collection [Reference section 19-28]
(22)
Mixed (commingled material) piles placed for collection [Reference section 19-20(d)]
(23)
Asbestos shingles, siding or other material containing asbestos placed at curb for collection [Reference section 19-28(14)]
(24)
Automotive parts placed at curbside for collection [Reference section 19-28(4)]
(25)
Riding lawn mowers or parts placed at curbside for collection [Reference section 19-28(5)]
(26)
Lawn mowers placed at curbside for collection [Reference section 19-28(6)]
(27)
Boats placed at curbside for collection [Reference section 19-28(7)]
(28)
Gas engines placed at curbside for collection [Reference section 19-28(8)]
(29)
Oil drums and chemical drums place at curbside for collection [Reference section 19-28(9)]
(30)
Propane tanks placed at curbside for collection [Reference section 19-28(16)]
(31)
Paint placed at curbside for collection [Reference section 19-28(9)]
(32)
Liquids or containers thereof placed at curbside for collection [Reference section 19-28(9)]
(33)
Glass placed at curbside for collection [Reference section 19-28(10)]
(34)
Rock, concrete, cement, bricks, cinder, Quikrete, or an item similar thereto, placed at curbside for collection [Reference section 19-28(11)]
(35)
Dirt, soil or sod placed at curbside for collection [Reference section 19-28(11 and 20)]
(36)
Tile, drywall, sheetrock placed at curbside for collection [Reference section 19-28(11)]
(37)
Ashes or other burnt waste placed at curbside for collection [Reference section 19-28(12)]
(38)
Bagged waste or refuse placed outside the container excluding loose vegetative debris in clear bags placed at curbside for collection [Reference section 19-28(13)]
(39)
Bagged waste placed for bulk waste collection excluding loose vegetative debris in clear bags placed at curbside for collection [Reference section 19-28(13)]
(40)
Dark, non-transparent bags placed at curbside for collection [Reference section 19-28(17)]
(41)
Utility trailers, house trailers, campers placed at curbside for collection [Reference section 19-28(15)]
(42)
Oversized logs (over six (6) feet long or six (6) inches in diameter) placed at curbside for collection [Reference section 19-28(18)]
(43)
Any waste contaminated with dirt placed at curbside for collection [Reference section 19-28(20)]
(44)
Any item longer than six (6) feet placed at curbside for collection [Reference section 19-28(21)]
(45)
Eviction not called in for scheduled appointment [Reference section 19-31)]
(46)
Illegal dumping [Reference 19-80(a)]
(47)
Scavenging/tampering with or vandalizing waste placed in the public right of way for collection [Reference section 19-25)]
(48)
Excess of six (6) cubic yards of debris placed at curbside for collection [Reference section 19-10]
(b)
Fines for violations under this chapter shall be assessed based on both the severity and the repetitive occurrence of a violation. Severity of violation will be a reflection of the impact the violation may likely have on the aesthetics of the area, an additional expense to the city as a result of the violation, or a health, safety or environmental hazard. (See paragraph (1) below for a detailed breakdown of violations and fines.) The repetitive occurrence of a violation reflects a violation that is not an isolated occurrence, consequently the fine shall increase with each repeated offense. (See paragraph (2) below for a detailed breakdown of violations and fines.)
(1)
Fines based on severity.
a.
The following fines are based on the violation being a simple nuisance, blight or eyesore, or not acceptable for collection. Each violation shall be assessed a ten dollar ($10.00) fine per day.
(i)
Blocked bulk waste that is not accessible for collection
(ii)
Blocked authorized trash container that is not accessible for collection
(iii)
Blocked authorized recycling container that is not accessible for collection
(iv)
Unauthorized containers (which are not current city issue)
(v)
Rocks, concrete, cement, bricks, cinder, plaster, Quikrete, or an item similar thereto, and other like materials placed on the curb for collection
(vi)
Glass or items containing glass placed at curb for collection
(vii)
Boats or parts of boats placed at curb for collection
(viii)
Tile, drywall, sheetrock and like materials placed at curb for collection
(ix)
Dirt, soil, sod placed at curb for collection
(x)
Utility trailers, house trailers, campers, truck covers or caps placed at curb for collection
(xi)
Any waste contaminated with dirt placed at curb for collection
(xii)
Tires with rims attached or more than four (4) tires per collection week, or more than twelve (12) tires placed at curb per annum placed at curb for collection
(xiii)
Improper sized tires placed at curb for collection
(xiv)
Any solid waste placed for collection outside of the right of way.
(xv)
Any item longer than six (6) feet in length placed at curb for collection
(xvi)
Appliances at curbside for collection with no appointment scheduled
b.
The following fines are based on the violation having the potential to result in other violations or undue expense to the city. Each violation shall be assessed a twenty dollar ($20.00) fine per day.
(i)
Trash placed in recycling container for collection
(ii)
Overfilled trash containers with the lid not tight fitting
(iii)
Waste in bags placed outside trash container or recycling container, excluding loose vegetative debris in clear bags
(iv)
Waste in bags placed at curb for bulk waste collection, excluding loose vegetative debris in clear bags
(v)
Hot ashes or other burnt waste placed either in trash cart or at curbside for bulk waste collection
(vi)
Dark bags
(vii)
Mixed or commingled piles placed for bulk waste collection
(viii)
Bulk waste in excess of six (6) cubic yards per day
c.
The following fines are based on the violation being a blatant offense of the code. Each violation shall be assessed a thirty dollar ($30.00) fine per day.
(i)
Contractor generated debris placed at curb for collection
(ii)
Oversized tree limbs or logs placed at curb for collection
(iii)
Land clearing debris placed at curb for collection
(iv)
Tree stumps placed at curb for collection
(v)
Debris placed at vacant property at curb after sixty-day grace period has ended
(vi)
Debris at vacant property placed at curb for collection after eviction debris has been collected (these properties are no longer eligible under sixty-day grace period)
(vii)
Debris placed at curbside on a vacant lot for collection
d.
The following fines are based on the violation being a health, safety or environmental hazard. Each violation shall be assessed a fifty dollar ($50.00) fine per day.
(i)
Hazardous or special waste placed at curb for collection
(ii)
Asbestos siding/shingles or other material containing asbestos (friable and non-friable) placed at curb for collection
(iii)
Automotive parts placed at curb for collection
(iv)
Riding lawn mowers or parts placed at curb for collection
(v)
Lawn mowers with a gas engine placed at curb for collection
(vi)
Gas engines placed at curb for collection
(vii)
Oil and chemical drums and tanks placed at curb for collection
(viii)
Propane tanks and other pressurized tank placed at curb for collection
(ix)
Paint, chemicals, liquids placed at curb for collection
(x)
Tires placed at curb for collection
(xi)
Any items deemed not eligible for disposal at the designated disposal facility placed at curb for collection
(2)
Fines based on repetitive occurrence of violations.
a.
In keeping with the city's intent to first educate before issuing penalties, the first offense of any violation shall result in a documented notification of the violation (a "field notice"). This will serve merely as a courtesy to inform the resident that a violation may have occurred and to warn the resident that a repeated violation could result in more severe administrative action.
b.
A second offense shall result in a second field notice, again specifying the violation and noting the number of occurrences; however, no fine will be issued.
c.
Third and subsequent offenses shall result in a citation, which would carry with it a monetary fine as indicated below:
Occurrence* Action Dollar Amount
of Fine
1st Notice Warning None 2nd Notice Warning None 3rd Notice Citation and Fine Face value of violation per Article IX(b) 4th Notice Citation and Fine Two (2) times the face value of the violation per Article IX(b) 5th Notice Citation and Fine Three (3) times the face value of the violation per Article IX(b) Additional Notices Citation and Fine Three (3) times the face value of the violation per Article IX(b) *Occurrences outside the most recent forty-eight-month time period shall not be counted. If, for example, a resident has not been cited for any violation in the previous forty-eight (48) months, no citation that occurred prior to the forty-eight (48) months would be factored into determining the next type of citation.
d.
Beginning the eighth calendar day after the date the citation was issued, charges for fines shall be assessed if the violation is not remedied and shall accumulate daily until balance is paid in full. Payment shall be made to the Solid Waste Division, Public Works Department, City of Newport News.
(3)
Fines of a miscellaneous nature.
a.
Eviction not called in for scheduled appointment at least three (3) working days prior to set out. Normally, a private eviction called-in in advance of the set out of debris would be due a fee of two hundred fifty dollars ($250.00); however, a set out that was not called in for an appointment will be charged a fee of three hundred dollars ($300.00). This does not apply to Sheriff-initiated evictions, which are not assessed a fee.
b.
Illegal dumping. This is a criminal offense and therefore not punishable as a civil fine.
c.
Scavenging/tampering with city property. This is a criminal offence and therefore not punishable as a civil fine.
d.
Litter. This is a criminal offense and therefore not punishable as a civil fine
(4)
Fees for special services (e.g. excess bulk).
a.
Excess of six (6) cubic yards of debris placed at curbside for collection. A fee of twenty dollars ($20.00) shall be assessed for each cubic yard of debris in excess of six (6) cubic yards. For example, a resident with twelve (12) cubic yards of debris would pay one hundred twenty dollars ($120.00). This fee is in addition to the fine set forth in (b)(1)b.viii. above.
b.
Debris, litter or rubbish placed curbside that is considered dangerous or constitutes a nuisance, and which removal is required within twenty-four (24) hours, and for which a notice has been served, and failure to comply within the specified time period, shall be charged two hundred fifty dollars ($250.00) per truck load or partial truck load and shall be charged to the property owner or occupant responsible for placing the material curbside.
c.
These fines are cumulative rather than exclusive penalties, and in no way supersede any other penalties set forth in this chapter unless otherwise noted.
(Ord. No. 6443-07, § 1; Ord. No. 6449-08, § 1)
(Ord. No. 6443-07, § 1; Ord. No. 6449-08, § 1)