(A) A violation of § 118.03(A)(2) of this chapter shall be a Class A misdemeanor for which any person 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 534.040(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 for a first offence; and to pay a criminal fine of not less than $250 but not to exceed $500 for a second or greater offence, and a term of imprisonment of not less than two days, but not to exceed the maximum period of 12 months, as set forth in KRS 532.090(1). Any corporation convicted of a violation of § 118.03(A)(2) of this chapter shall be fined not more than $10,000, as set forth in KRS 534.050(l)(b), for a first offence, and to pay a fine of at least $3,000, but not more than $10,000, for a second or greater offence.
(B) Each violation of this chapter, except a violation of § 118.03(A)(2), shall be a Class B misdemeanor for which any person convicted thereof in a court of competent jurisdiction shall be sentenced to pay a criminal fine not to exceed the maximum amount of $250, as set forth in KRS 534,040(2)(a), or a term of imprisonment not to exceed the maximum period of 90 days as set forth in KRS 532.090(1), or both; any corporation convicted of a violation of § 118.03(A)(2) of this chapter shall be fined not more than $5,000, as set forth in KRS 534,050(1)(c).
(C) In addition to the criminal penalties set forth herein, any violation of this chapter is hereby also 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.
(1) 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, $250 for the second offense, and $500 for the third, and thereafter, offense.
(2) If a citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine that 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.
(D) Each section of this chapter violated shall be considered a separate fineable offense. If two or more sections of this chapter 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.
(Ord. 2013-15, passed 8-19-13)