§ 95.99 PENALTY.

   (A)   Whoever violates any provision of §§ 95.01 through 95.06 shall be subject to a civil penalty of not more than one thousand dollars ($1,000.00) for each offense. Each day's continued violation shall constitute a separate offense.

   (B)   (1)   Not withstanding the civil penalties or the general criminal penalties set forth in §§ 95.20 through 95.27, whoever violates any provision of §§ 95.20 through 95.27 shall be guilty of a Class A misdemeanor and shall be fined not more than five hundred dollars ($500.00) and/or imprisoned up to twelve (12) months for each offense. Each day's continued violation shall constitute a separate offense.

      (2)   Any violation of §§ 95.20 through 95.27 is also classified as a civil offense, pursuant to KRS 65.8808 and Chapter 35 and such classification shall provide an additional or supplemental means of obtaining compliance.

      (3)   If a citation for violation of §§ 95.20 through 95.27 is not contested by the person charged with a violation, the civil fine to be imposed for each offense shall be one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense, and four hundred dollars ($400.00) for the third and subsequent offenses.

      (4)   If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from one hundred twenty-five dollars ($125.00) to two hundred fifty dollars ($250.00) for the first offense, from two hundred twenty-five dollars ($225.00) to three hundred fifty dollars ($350.00) for the second offense, and four hundred twenty-five dollars ($425.00) to five hundred dollars ($500.00) for the third and subsequent offense.

      (5)   Each section of §§ 95.20 through 95.27 violated shall be considered a separate fineable civil offense. All fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.

   (C)   (1)   An owner that violates §§ 95.35 through 95.39 shall be guilty of a civil offense and subject to a civil fine of not less than one hundred dollars ($100.00) per day per violation but not more than five hundred dollars ($500.00) per day per violation, or the cost to the city to abate the criminal activity nuisance, or both. Each date that a violation of §§ 95.35 through 95.39 continues after notice has been served, it shall be deemed a separate offense to a maximum of five thousand dollars ($5,000.00) per citation. However, if the owner does not appeal the citation to the Code Enforcement Board, then the owner shall not be charged the full fine but instead the civil penalty total shall be reduced by ten percent (10%).

      (2)   Any owner that violates §§ 95.35 through 95.39 shall also be deemed guilty of a Class A misdemeanor with a maximum fine of five hundred dollars ($500.00) and/or twelve (12) months imprisonment.

(Am. Ord. 98-1-3, passed 2-11-98; Am. Ord. 2012-05-01, passed 6-13-12; Am. Ord. 2012-11-01, passed 12-12-12)