HomeMy WebLinkAboutO-1001ORDINANCE NO. �IJO
AN ORDINANCE TO PROMOTE THE HEALTH, SAFETY AND GENERAL
WELFARE AND THE GENERAL VISUAL AESTHETICS OF THE CITY OF
FAIRHOPE BY REQUIRING OWNERS, CONTRACTORS AND
SUBCONTRACTORS TO KEEP CONSTRUCTION SITES REASONABLY FREE
OF ACCUMULATIONS OF TRASH, GARBAGE OR RUBBISH AND TO
PROVIDE REMEDIES AND PENALTIES FOR FAILURE TO DO SO:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows
Sect.,i,on,.„.1,_..,.. Where the Building Official or other
authorized enforcement officer finds any construction site
upon which the owner, contractor or subcontractor has
allowed trash, garbage or rubbish to accumulate such
officer shall notify the owner, contractor or sub-
contractor in charge of the premises of the existence of a
violation of this ordinance. Such notice shall be given
by certified mail or personal service and by posting upon
the premises. Where certified mail is returned as
undeliverable or unclaimed, posting of the premises as
provided herein shall be deemed legally, sufficient notice.
Such notice shall provide for a period of two days,
exclusive of weekends and holidays, for the responsible
party to correct the violation. Failure or refusal to do
So .shall cau::�e the responsible officer to invoke the
remedy specified herein.
Sect;ion.....2............._.Remedi_es........._ The enforcement officer may, after
the expira.t.ion of time set forth above, stop all work in
furtherance of the construction undertaken by posting
upon the premises a."Stop Work Order" setting forth the
reason for the stop order and specifying the conditions
i-equire,,d for release of such stop order. The officer
shall not release the stop order until such time as the
violation has been mitigated. Any person who continues t.o
pursue work on the premises after posting of the stop
order may be cited for violation of this ordinance by
the lssuanCe of a Municipal Offense Ticket for the first
such offense relating to the subject property. A second
offense on the same property by the same person may result.
in issuance of an arrest warrant out of the Municipal
Court.
The enforcement officer may, in cooperation with the City
Attorney, pursue such other civil remedies as are
available to the City.
Sec.t:.ko..n-.3........... .....Penal.t._i.e. . In addition to stop work orders
or other civil remedies, any person violating any
provision of this Ordinance shall be subject to the
fnlloi,,aing penalties upon conviction. For a. first
conviction under a Municipal Offense Ticket the fine
-s17a1.1 be $:100.00. For other convictions, violators may
be sentenced to a fine not to exceed $500.00 and/or a
Jail sentence not to exceed Six. Months, at the discretion
of t.hr- Municipal Court.
7-125.1.LDX 15 JUL 96
N . I A Iml - 0�� -�-
Section 4. Nothing herein shall be deemed a bar to any
other remedy or penalty otherwise available to the
enforcement officers of the City.
S.oc_t._i„on ,5,. This ordinance shall be codified as Section
7--125.1 of the Fairhope Code of Ordinances.
S_ec,t_i,o.n......C�,..,. This ordinance shall take effect immediately
upon its clue adoption and publication as required by law.
ADOPTED THIS THE o2 3 DAY OF 1996.
amen P. Nix, Mayor 7�
ATTEST:
Evelyn Phillips, ci V
Clerk