(A) Any person that violates § 93.26(A) or (C) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not less $250, nor more than $500, and imprisoned for not less than seven days nor more than 12 months.
(B) Any person that violates § 93.26(D) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not more than $500, or imprisoned not more than 12 months.
(C) Any person, including any person in control, who violates § 93.26(E) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not less $300, nor more than $500, and imprisoned for not less than 60 days nor more than 12 months.
(D) Pursuant to KRS 534.050, any corporation or entity, public or private, that violates § 93.26(A), (C) or (E) shall, upon conviction, be fined not less than $5,000 and not more than $10,000, or double the amount of the gain by the commission of the offense.
(E) In addition to the remedies set forth in this section, any person, corporation or entity that violates § 93.26(A), (C), (D) or (E) shall be liable to the city for the full amount of restoration or reconstruction required under those divisions, in addition to reasonable engineering fees, attorneys’ fees, costs, and expert fees, for the enforcement of those divisions. The amount of liability may be proven by an opinion of a licensed engineer, to a reasonable degree of engineering certainty, about the costs to conduct the restoration or reconstruction, and without regard to whether or not it was performed or will be performed by the city.
(F) Whoever violates any provision of this chapter, except § 93.26, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than $500.
(G) Any violation of this chapter is hereby further 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.
(H) If a civil 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 $100 for the first offense, $200 for the second offense, and $500 for the third, and thereafter, offense.
(I) If a civil 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 $100 to $750 for the second offense, and from $200 to $1,800 for the third, and thereafter, offense. An offense shall be considered a subsequent offense if there is a previous offense within a five-year period.
(J) Each section of the chapter violated shall be considered a separate offense. If two or more sections of the chapter are violated, the fines and penalties 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.
(Ord. 1999-13, passed 8-17-99; Am. Ord. 2013-28, passed 10-7-13; Am. Ord. 2013-33, passed 12-2-13)
Cross-reference:
Code Enforcement Board, see Chapter 41