(A) Any person, who has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the municipality, pay a fine of $600 plus court costs, including reasonable attorney fees and engineers and other expert witness fees incurred by the municipality. No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by a court of competent jurisdiction.
(B) If the defendant neither pays nor timely appeals the judgment, the municipality may enforce the judgment pursuant to applicable rules of civil procedure.
(C) Each day that a violation continues shall constitute a separate violation unless the court of competent jurisdiction further determines that there was a good faith basis for the person violating the ordinance to have believed that there was no such violation. In such case there shall be deemed to have been only one such violation until the fifth day following the date of the initial determination of a violation; thereafter, each day that a violation continues shall constitute a separate violation.
(D) All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the municipality.
(E) A court of competent jurisdiction, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
(F) Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
(Ord. 4-2011, passed 10-8-2011)