(A) Any person charged with violating the provisions of this subchapter may, in the discretion of the enforcement officer, be issued an official warning. If an official warning is issued it shall be considered as affording the violator one opportunity to comply with this subchapter’s provisions.
(B) Any person violating any of the provisions of this subchapter shall, upon a written finding of violation signed by the enforcement officer, be subject to a penalty of $50. Each day such violation is committed or permitted to continue shall constitute a separate offense.
(C) Upon written findings of a violation by the same person for the same offense three times within a consecutive 12-month period, when such noise is created by the same noise emitter or same type of noise emitter, the noise creating device may be ordered by the enforcement officer to cease being used or operated until it can be brought into compliance with this subchapter.
(D) Any person issued a written notice of violation of this subchapter shall pay the total amount of the penalty to the city within seven days of such notice, unless such notice is appealed in conformity with division (E) of this section.
(E) All appeals from written finding of the enforcement officer must be taken, within seven days, to the Board.
(F) All appeals from written findings of the Board shall be made to a court of competent jurisdiction within seven days.
(G) Upon failure to appeal an adverse finding or failure to comply with a written order or assessed penalty, the city Legal Department shall be empowered to take all appropriate action necessary to enforce the written findings of the enforcement officer or of the Board.
(Ord. 2014-26, passed 12-9-2014; Am. Ord. 2016-19, passed 11-22-2016)
Statutory reference:
Regulation of air and sound authorized, I.C. 36-8-2-8