(A) Enforcement of this subchapter as against a person violating the terms and provisions of same shall be in accordance with the provisions of applicable state law. An action to enforce this subchapter shall be brought in the name of the Health Officer or the Health Board, as appropriate, and upon proof by a preponderance of the evidence of a violation hereof, judgment shall be entered against the defendant for a sum of not less than $100 for each violation. A separate violation of this subchapter shall be deemed to occur for each day that a person shall be in violation of the terms and provisions hereof. No action under this section shall be commenced, however, with respect to a violation for which a petition for review is pending under § 53.102.
(B) In addition to the remedy set forth in division (A) above, an action may be brought for mandatory or injunctive relief as against any person violating the terms and provisions of this subchapter, which action shall be brought in the name of the Health Officer or Health Board, as appropriate, but only after notice of violation has been given as permitted by § 53.101. Except in an emergency expressly declared by the Health Board, no action under this section shall be commenced with respect to a violation for which a petition for review is pending under § 53.102.
(C) To the extent permitted by law and this subchapter, an action under division (A) above may be joined with an action under division (B) above, and to any judgment in favor of the Health Officer and/or Health Board shall be added costs of the action, reasonable attorney fees and expenses incurred by the Department in the enforcement of this subchapter.
(D) In all actions under this section, the Health Board and/or the Health Officer shall be represented by the attorney retained by the Health Board pursuant to I.C. 16-20-1-26 and successor statutes that may be enacted.
(2005 Code, § 53.103) (Ord. 98-04, passed 2-17-1998)