(A) Any person, firm, or corporation who violates any of the provisions of this chapter or refuses to comply with any of the regulations promulgated by the Board of Public Works and Safety and approved by the Common Council shall be fined the sum of $50 for the initial citation for the violation, $100 for the second citation of the violation, $150 for third citation for the violation, $200 for the fourth citation for the violation, and $250 for each citation thereafter occurring within 12 months of the initial violation. Each day such violation or failure of compliance continues to exist shall be deemed to be a separate offense.
(B) Whoever violates the provisions § 95.05 shall be fined a sum of $100 for the first offense, a sum of $500 for the second offense, a sum of $1,000 for the third offense, and a sum of $2,500 for any additional offenses that occur within any one calendar year. A separate offense shall be deemed committed on each occasion a complaint is made, and the sound maker refuses to come into compliance with the regulations listed above. In addition, the Public Works Commissioner, and/or his or her designated representative, may issue to any violator of the provisions of this chapter an immediate stop work order and/or cease and desist order, as deemed appropriate in his or her sole and unlimited discretion. Violation of said stop work order or cease and desist order shall constitute a separate and additional violation of this chapter and shall result in the imposition of a fine in the amount of $2,500. Each time such violation occurs shall constitute a separate violation. Should enforcement of this § 95.05 require the utilization of the services of the Town Attorney, the violator shall, in addition to any fines imposed, be responsible for and shall pay all such attorney fees incurred by the town.
(C) A separate offense shall be deemed committed on each day during or on which the violation occurs or continues beyond the date fixed by the Building Commissioner for abatement of said nuisance.
(D) The action against any person to enforce a penalty by the city shall constitute a separate and additional legal remedy, and the fact that any proceedings by way of an injunction, or for the abatement of any such nuisance, has been or may be instituted by the city and be pending or concluded, shall not affect this section or chapter or be considered in any way as a defense to such action for the penalty herein prescribed.
(E) In addition to any fine or penalty set forth above, if a violation must be prosecuted through the County Superior Court the violator, upon conviction, shall pay reasonable attorney fees and court cost as determined by the court.
(Prior Code, § 55.99) (Ord. 1961-21, passed 5-17-1961; Ord. 1972-5, passed 5-3-1972; Ord. 1987-3, passed 4-9-1987; Ord. 2019-25, passed on 5-13-2020)