§ 50.99 PENALTY.

   (A)   Any person or entity that violates any provision of this chapter is responsible for a municipal civil infraction punishable by a civil fine not to exceed $500 in accordance with the general penalty provisions in § 10.99 of the village code or as amended. In addition to a civil fine, a person or entity responsible for a municipal civil infraction for a violation of this chapter may be ordered to pay any and all indirect and direct costs incurred by the village in connection with the violation including attorneys fees and/or may be subject to injunctive relief entered by a court of competent jurisdiction intended to compel compliance with the village code. The village may also enforce violations of this chapter by civil actions for injunctive or other relief provided by law or by issuance of municipal civil infraction notices. Every day a violation of this chapter continues to exist shall constitute a separate violation. Violations of this chapter include any act prohibited by this chapter, made or declared unlawful by this chapter, and any omissions or failure to act in compliance with this chapter.

   (B)   The village has the following enforcement provisions and penalty provisions for §§ 50.01 to 50.14 of this code.

      (1)   Inspectors. The duly authorized officials or employees of the village, agents of the DNR and County Health Department, bearing proper credentials and identification, shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of §§ 50.01 to 50.14 of this code, at any time during reasonable or usual business hours. No person shall refuse or obstruct entry.

      (2)   Notice to cease violation. Any person violating any provision of §§ 50.01 to 50.14 of this code shall be notified in writing by the Village Manager of the nature of the violation and allowed a reasonable time to correct the violation. Any officer, agent or employee guilty of aiding or abetting the violation or, being responsible therefor, refusing or neglecting to take corrective action shall be guilty as a principal.

      (3)   Civil liability. Any person violating any of the provisions of §§ 50.01 to 50.14 of this code shall be liable to the village for any expense, loss or damage incurred by the village by reason of the violation, and recovery therefor may be had in an appropriate action in any court of competent jurisdiction.

      (4)   Abatement in equity. Any continued violation, after due notice as provided herein, shall be deemed a public nuisance and may be abated by suit in equity by the village in any court of competent jurisdiction. This remedy shall be in addition to any other available remedy.

      (5)   Criminal liability. Any person who violates any provision of §§ 50.01 to 50.14 of this code shall, upon conviction thereof, be fined not more than $500 or imprisoned for not more than 90 days, or both.

(Prior Code, § 50.99) (Ord. 21, passed 10-19-1993)