(A) Any intensive livestock operator who violates § 112.02 of this chapter shall be subject to the following schedule of penalties.
(1) First violation shall carry a penalty of $500 per day the violation continues after the intensive livestock operator is made aware of the violation by the Zoning Administrator, or his or her designee.
(2) Second violation shall carry penalty of $1,000 per day the violation continues after the intensive livestock operator is made aware of the violation by the Zoning Administrator, or his or her designee.
(3) Third violation shall result in the revocation of the intensive livestock operator’s permit and the intensive livestock operator shall depopulate all of its animals and/or poultry within ten days of notice of its third violation of this section.
(B) Any intensive livestock operator who is responsible for improper disposal of dead animal or poultry carcasses onto the soil or into waterways located in the county that are found to present an immediate threat to the health, safety, and general welfare and/or public safety shall have committed an incurable infraction that shall subject them to a fine not to exceed $5,000 per day the violation shall continue.
(C) Other than as provided in divisions (A) and (B) above, fines for all other violations shall be imposed against permittee(s) for all violations that have not been cured after the permittee(s) has/have received written notice identifying instances of violations or non-compliance with this chapter. Fines shall be up to $1,500 per day, per violation, and each day the violation or non-compliance continues after the time to cure has passed.
(D) In instances where the Zoning Administrator is denied entry by the permittee(s) or the permittee(s) designee, employee, agent, other person acting on behalf of the permittee(s) to the intensive livestock operation, a penalty shall be imposed in the amount of $5,000 per day for willfully and intentionally violating the terms of the permit.
(E) The Plan Commission and/or the county shall be entitled to damages resulting from any expenses incurred by the Plan Commission or the county, including labor, materials, consulting fees, professional fees, or other costs, including attorney fees, to pursue enforcement in order to remedy or cure any violations or non-compliance that continues after the time to cure has passed.
(F) The Plan Commission, by and through its Zoning Administrator, shall have the authority to file a complaint in the County Circuit Court against the permittee(s) seeking injunctive relief in order to enforce the provisions of this chapter.
(G) The attorney fees incurred by the Plan Commission to seek injunctive relief in order to enforce this chapter shall be paid by the permittee(s) through court order.
(Ord. 2019-02, passed 2-26-2019)