A. In addition to any other sanction or remedial procedure which may be available, any person failing to comply with a notice of violation of this chapter shall be subject to cumulative penalty in the amount of fifty dollars per day for each violation from the date set for compliance until the notice of violation is complied with. Persons failing to comply with a notice of violation in connection with a venture entered into for profit shall be subject to a cumulative penalty in the amount of one hundred dollars per day. The penalty for failure to comply with a notice of violation where the city has removed the solid waste shall be increased to include the actual cost of such removal plus fifteen percent.

B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The director shall notify the city attorney in writing of the name of any person subject to the penalty and the amount of the penalty and the city attorney shall, with the assistance of the director, take appropriate action to collect the penalty.

C. Whenever solid waste, deposited, thrown or placed in violation of this chapter, contains three or more items bearing the name of one individual or whenever a motor vehicle or trailer used in the activity is identified by its license plate, it shall be presumed that the individual whose name appears on the items or to whom the vehicle or trailer is registered committed the unlawful act. The defendant shall have an opportunity to rebut the presumption and may show as full or partial mitigation of liability: