Civil penalties.
(a) Any violation of this chapter shall be subject to a civil penalty to be recovered as set out in KRS 83A.065. The civil penalty for a violation of this chapter shall be fifty dollars ($50.00), plus applicable costs for each violation for the first ten (10) consecutive days of an offense. Following the seventh consecutive calendar day of the offense, the civil penalty shall increase to seventy-five dollars ($75.00), plus applicable costs for each violation.
(b) Repeat violations of this chapter shall be subject to increased penalties as set out below. As used in this section, "repeat violation" means a second (or any subsequent) violation of the same requirement or provision of this chapter within any three (3) year period for which the person admits responsibility or is determined to be responsible.
(c) The civil penalty for any violation which is a first repeat violation shall be one hundred fifty dollars ($150.00) each, plus applicable costs, which amount shall increase to two hundred dollars ($200.00) each after the seventh consecutive day of a violation. The civil penalty for any violation which is a second repeat violation, or any subsequent repeat violation, shall be two hundred fifty dollars ($250.00) each, plus costs.
(d) Each day on which any violation of this chapter occurs or continues, constitutes a separate offense subject to separate sanctions.
(e) An action for noncompliance with this chapter and the enforcement of civil penalties shall be brought in the District Court as provided by KRS 83A.065.
Criminal penalties. In addition to the civil remedies provided for in this article, it shall be unlawful for any person to continue and maintain the public nuisanceas described in this article, and any person violating any provisions of this section shall be deemed guilty of a misdemeanor. Upon conviction thereof, a criminal fine not to exceed the maximum amount set forth in KRS 534.040(2)(a) five hundred dollars ($500.00) shall be imposed for the offense. The violation of this chapter shall be prosecuted in the District Court as provided by KRS 83A.065.
(Code 1977, § 65.020(9)) (Ord. No. 1707, § 1, 10-23-06)