§ 92.99 PENALTY.

   (A)   Violation of §§ 92.01 through 92.10.

      (1)   Fines. Any person found to be in violation of §§ 92.01 through 92.10 shall be guilty of an ordinance violation and shall be subject to a civil penalty of up to $2,500 for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of §§ 92.01 through 92.10 shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies provided elsewhere in §§ 92.01 through 92.10.

      (2)   Expenses. The Department may recover reasonable attorney fees, court costs, and other expenses associated with the enforcement of §§ 92.01 through 92.10 from any person found to be in violation of §§ 92.01 through 92.10.

      (3)   Agreed order. The Administrator in the name of the Department, may enter into an agreed order with the approval of the Director which order may include the payment of a civil penalty and other expenses associated with the enforcement of §§ 92.01 through 92.10 by the Department.

      (4)   Suit for civil penalties. The Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the town seeking a judicial determination that §§ 92.01 through 92.10 has been violated and requesting the imposition of civil penalties.

      (5)   Enforcement of Agreed Order. The Administrator, in the name of the Department, may file a complaint in a court of competent jurisdiction within the town seeking to enforce the terms of an agreed order.

      (6)   Other action. Nothing contained herein shall prevent the Department, Director, or Administrator from taking any other lawful action as is necessary to prevent or remedy any violation of §§ 92.01 through 92.10.

   (B)   Any person violating the provisions of §§ 92.15 through 92.17 shall be cited by the Town Police Department or Town Fire Department or other duly authorized and designated employee of the town. A fine may be imposed against the violator in a sum up to $100. Each day the violation continues shall be considered a separate violation under §§ 92.15 through 92.17.

   (C)   Violation of §§ 95.25 through 92.31. In addition to any other sanctions set out in §§ 92.25 through 92.31, any person, group or other legal entity violating any of the terms of §§ 92.25 through 92.31 shall be subject to fines in amounts not less than $100 nor more than $2,500. Each day a violation continues shall constitute a separate offense. It is the intent of the town that multiple violations should be filed more severely.

(Ord. 2-1991, passed 6-13-1991; Ord. 2013-02, passed 5-9-2013; Ord. 2013-03, passed 5-9-2013)