§ 111.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)   A fine of $50 per day will occur for each day the moving sale (§ 111.01) remains open after Marshal issuing the citation to close while obtaining a court order to close the moving sale. If levied fines are not paid within 30 days, then a lien will be sought against person’s property, plus attorney fees and court cost who is the operator of the moving sale in accordance with I.C. 36-1-6-1, 36-1-6-2, 36-1-6-3 and 36-1-6-4.

   (C)   Failure to contact the Town Marshal’s Department (per § 111.02) will result in the following.

      (1)   First offense: a warning citation will be issued by the Town Marshal’s Department.

      (2)   Second offense and the like: a citation for the amount of $50 will be issued and the yard sale or garage sale will be closed.

      (3)   If failure to comply with the closing of the yard sale or garage sale will require Town Marshal’s Department to obtain a court order to close the yard sale or garage sale.

      (4)   A fine of $50 per day will occur for each day the yard sale or garage sale remains open after Marshal issuing the citation while obtaining a court order to close the yard sale or garage sale.

      (5)   If levied fines are not paid within 30 days then a lien will be sought against person’s property plus attorney fees and court cost who is the operator of the yard sale or garage sale in accordance with I.C. 36-1-6-1, 36-1-6-2, 36-1-6-3 and 36-1-6-4.

   (D)   (1)   Failure to contact the Town Marshal’s Department (per § 111.15) will result in the following.

         (a)   First offense: a warning citation will be issued by the Town Marshal’s Department.

         (b)   Second offense and the like; a citation for the amount of $50 will be issued and the auction sale will be closed.

      (2)   If failure to comply with the closing of the auction sale will require Town Marshal’s Department to obtain a court order to close auction sale.

      (3)   A fine of $50 per day will occur for each day the auction sale remains open after Marshal issuing the citation while obtaining a court order to close the auction sale.

      (4)   If levied fines are not paid within 30 days, then a lien will be sought against person’s property plus attorney fees and court cost who is the owner of the auction house who is conducting the auction sale in accordance with I.C. 36-1-6-1, 36-1-6-2, 36-1-6-3 and 36-1-6-4.

      (5)   (a)   If levied fines are not paid within 30 days, a lien will be sought against person or person’s responsible real estate in accordance with I.C. 36-1-6-2.

         (b)   The town may pursue any and all penalties described in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4, or a successor statute if said statute is repealed.

         (c)   No penalty shall be levied for violation of § 111.15, nor shall any action be taken by the town to bring the real property into compliance with § 111.15, unless all persons holding a substantial interest in the property are given a reasonable opportunity to bring the property into compliance.

         (d)   Furthermore, if fines have not been paid within 30 days after the aforesaid ten, the town may cause to be certified to the County Auditor as a charge against the taxes due and payable to the County Treasurer in the following year in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed.

(Ord. 2010-T-055, passed 8-30-2010)