(A) Civil penalties.
(1) 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.
(2) 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.
(3) 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 $300 for the second offense, and from $100 to $400 for the third, and thereafter, offense.
(4) Each section of a code or ordinance violated shall be considered a separate finable offense. If two or more sections of a code or 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. Each day a business is operated without a required license shall be a separate offense under this chapter. Additionally, multiple offenses, whether the same or different offenses, may be included on a single citation. Any recurring offense after the third offense shall be considered additional third offenses.
(B) Criminal penalties.
(1) Each violation of this chapter shall be a Class A misdemeanor for which everybody convicted thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of $500 as set forth in KRS 534.050(2)(a) or a term of imprisonment not to exceed the maximum period of 12 months as set forth in KRS 532.090(1), or both.
(2) Each day a business is operated without a required license shall be a separate offense under this chapter.
(Ord. 2007-08, passed 12-8-07; Am. Ord. 2011-14, passed 8-16-11)