§ 90.99  PENALTY.
   (A)   Any person violating any provision of this chapter for which no penalty is prescribed shall be subject to § 10.99.
   (B)   (1)   Any person(s) who shall violate any of the provisions of the code adopted in § 90.03 or fail to comply with § 90.03, or shall violate or fail to comply with any order made under § 90.03, or who shall build in violation of any detailed statement of specifications or plans submitted and approved under § 90.03, or any certificate or permit issued thereunder, or any certificate or permit issued thereunder, from which no appeal has been taken, or who shall fail to comply with such an order, as affirmed or modified by the Board of Trustees or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than $25, nor more than $2,500, and such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each 15 days(s) that prohibited conditions are maintained shall constitute a separate offense.
      (2)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
   (C)   (1)   (a)   Any person who violates the provisions of § 90.04 shall be subject to the following fines/assessments:
            1.   First offense: $25;
            2.   Second offense: $50; and
            3.   Third offense and subsequent offenses: $100.
         (b)   Each day any violation continues shall constitute a separate offense.
      (2)   The aforementioned fines/assessments upon admission of violation of § 90.04 shall be paid to the Office of the County Auditor at the City-County Building, Jeffersonville, Indiana, within 30 days of the date of the offense. The County Auditor shall deposit the said fines/assessments into a non-reverting fund, and that the said fund shall be cumulative and shall not be required to be appropriated by the County Council.
      (3)   Upon denial of the allegations of violation of § 90.04, or upon failure to pay the aforementioned fines/assessments within the specific time period, the County Superior Court No. 3 shall be the court of proper venue and jurisdiction for the enforcement of § 90.04. Said court shall be authorized and empowered to order fines/assessments not to exceed $150 for any and all proven violations of § 90.04.
      (4)   A custodial parent shall be responsible for ensuring that a child under 18 years of age complies with this chapter, and said parent shall be responsible for any fine imposed hereunder.
      (5)   Citations for violation of § 90.04 may be issued by any sworn member of the County Police Department.
      (6)   Persons admitting the violation of the terms and provisions of § 90.04 shall be instructed to tender and pay the appropriate fine, penalty and/or costs to the Office of the County Auditor. Persons denying or challenging citations asserting violations of the terms and provisions of § 90.04 shall be cited into the County Superior Court No. 3 for hearing on said violation, and for further proceedings consistent with § 90.04 and the laws of the state.
   (D)   An attorney designated by the Board shall be authorized to civilly prosecute the ordinance violations that are prohibited by § 90.05. Upon proof of a violation of § 90.05, by a preponderance of evidence presented to the court, the court shall enter judgment against the violator and shall impose the following additional sanctions:
      (1)   A fine for violation of § 90.05 in an amount not less than $225, and not more than $500;
      (2)   All costs and attorneys fees incurred by the county, and by the Clerk of the court, for management and prosecuting the citation and ordinance violation;
      (3)   Any additional actual damages that are the consequence, or proximately caused by, the burning that is a violation of § 90.05;
      (4)   Costs as are determined and imposed by the court; and/or
      (5)   All trials pursuant to § 90.05 shall be to the court, without a jury.
(Ord. 5-1984, passed 11-7-1984; Ord. 11-2004, passed 7-29-2004; Ord. 12-2007, passed 9-20-2007)