§ 90.99 PENALTY.

   (A)   Any person, firm or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to the following:

      (1)   A fine not exceeding $2,500 for the first violation; and

      (2)   A fine not exceeding $7,500 for the second and subsequent violation except for violation of an ordinance regulating traffic and parking.

   (B)   A separate violation shall be deemed committed upon each day during which a violation occurs or continues.

   (C)   (1)   Any person, firm, or corporation, or anyone acting in behalf thereof, who is found to be in violation of §§ 90.01 through 90.05 shall be fined in an amount of $250 with ten days to comply for the first violation and $500 with ten days to comply for a second violation in the same year. Provided that a violation of § 90.02(E) dealing with the unauthorized dumping of any significant amount of trash or waste shall be subject to a fine of $3,500 for each incident. In addition, if any fine is collected by court action the offender shall be required to pay, in addition, any court costs and reasonable attorney fees.

      (2)   Each day that a violation exists, or is permitted to exist, shall constitute a separate violation.

      (3)   The town may seek and be granted, in any court of competent jurisdiction, injunctive relief to enforce §§ 90.01 through 90.05.

      (4)   In event of a violation, after ten-day notification of its intent to do so, all necessary officers, agents, and employees of the town may enter onto the property upon which such nuisance exists, take any and all appropriate, necessary, and con- venient action to abate said nuisance. Any and all expense incurred by said town in any way connected with the abatement of such nuisance shall be immediately payable to said town by the person responsible for the nuisance and shall be a lien against the property, including the entire lot, parcel, or tract of real estate, upon which said nuisance existed.

(Prior Code, § 6-48)

   (D)   Any person who violates the provisions of §§ 90.20 through 90.23 shall be guilty of an infraction, punishable by a fine of not more than those listed in the following table.

 

Offense	Fine
First offense	Up to $250
Second offense	Up to $500
Third offense	Up to $1,000
Fourth offense	Up to $2,500

 

   (E)   See § 10.99 for specified, applicable fees.

(Prior Code, § 6-48) (Ord. 1994-10, passed 7-25-1994; Ord. 2000-7, passed 11-14-2000; Ord. 2014-8, passed 7-8-2014; Ord. 2017-8, passed 10-4-2017; Ord. 2017-10, passed 9-12-2017; Ord. 2019-4, passed 7-9-2019)

Statutory reference:

   Authority, see I.C. 36-1-3-8(a)(10)