Any person who violates any of the provisions of or who fails to perform any duty imposed by this chapter, or any order or determination of the Superintendent promulgated under this chapter, or the terms of any permit issued hereunder, shall be liable to the village for a fine not to exceed $1,000 for each such violation, to be assessed after a hearing held in conformance with the procedures set forth in this chapter. Each violation shall be separate and distinct violation, and in the case of continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the Village Attorney at the request of the Superintendent in the name of the village in any court of competent jurisdiction. In addition to the above described penalty and damages, the Superintendent may recover reasonable attorney's fees, court costs, and other expenses associated with the enforcement activities. Such fine may be released or compromised by the Superintendent before the matter has been referred to the Village Attorney, and where such matter has been referred to the Village Attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the Village Attorney, with the consent of the Superintendent.
(Ord. 2-2009, passed 3-23-2009)