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Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued, or permitted and shall be subject to the penalties. Violations include, but are not limited to, failing, neglecting, or refusing to collect or pay the disposable carryout bag fee, or underpaying the disposable carryout bag fee. If any such infractions are committed, the Town’s Finance Director shall make an estimate of the fees due, based on available information, and shall add thereto penalties, interest, and any additions to the fees. The Finance Director shall serve upon the delinquent retailer written notice of such estimated fees, penalties, and interest, constituting a notice of final determination, assessment, and demand for payment (also referred to as “notice of final determination”) due and payable within thirty (30) calendar days after the date of the notice. The retailer may request a hearing on the assessment from the Town.

If payment of any amount of the disposable carryout bag fee due to the Town is not received on or before the applicable due date, penalty and interest charges shall be added to the amount due in the amount of:

A. A penalty of ten percent (10%) of total due;

B. Interest charge of one percent (1%) of total penalty per month.

Any person violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction for each and every day or portion thereof during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.08. (Ord. No. 2022-07 §2 (Exh. A)).