(A) Whoever violates any provision of this chapter shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day's continued violation shall constitute a separate offense. ('88 Code, § 92.99)
(B) Any violation of this chapter is hereby classified as a civil offense, pursuant to Chapter 41 and KRS 65.8808, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the applicable code sections, and nothing contained herein or in Chapter 41 shall prohibit the enforcement of this chapter by any other means authorized by law.
(C) If a citation for a violation of this chapter is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be $50 for the first offense, $90 for the second offense, and $210 for the third, and thereafter, offense.
(D) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from $20 to $200 for the first offense, from $60 to $600 for the second offense, and from $180 to $1,800 for the third, and thereafter, offense.
(E) Each section of the ordinance violated shall be considered a separate fineable offense. If two or more sections of the ordinance are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.
(F) Not withstanding the civil penalties or the general criminal penalties set forth in this § 92.99, whoever violates any provision of the Fort Mitchell Chronic Nuisance Ordinance, as set forth in §§ 92.15 through 92.20, shall be guilty of a Class A misdemeanor and shall be fined not more than $500 and/or imprisoned up to 12 months for each offense. Each day’s continued violation shall constitute a separate offense.
(G) If a citation for a violation of any provision of the Fort Mitchell Chronic Nuisance Ordinance, as set forth in §§ 92.15 through 92.20 is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be $250 for the first offense, $500 for the second offense, $1,000 for the third offense, $2,500 for the fourth offense, and $7,500 for the fifth offense and any offense thereafter. Each day’s continued violation shall constitute a separate offense.
(H) If a citation is contested and a hearing before the Code Enforcement Board is requested, the maximum civil fine which may be imposed at the discretion of the Board shall be from $100 to $500 for the first offense, from $250 to $1,500 for the second offense, from $500 to $2,500 for the third offense, from $1,000 to $5,000 for the fourth offense, and from $5,000 to $10,000 for the fifth offense and any offense thereafter. Each day’s continued violation shall constitute a separate offense.
(Ord. 1999-13, passed 8-17-99; Am. Ord. 1999-15, passed 12-6-99; Am. Ord. 2010-03, passed 8-23-10)
Cross-reference:
Code Enforcement Board, see Chapter 41