(A) Any person who violates this chapter shall be fined not less than $100 or more than $300 for the first offense, plus attorney fees and court cost. For the second and all subsequent offenses, the fine shall be not less than $250 or more than $1,000 for each offense, plus attorney fees and court cost. A separate offense shall be committed for each parcel of real estate owned by the owner on which a violation occurs.
(B) In addition to the penalty provided for in division (A) above, any person violating this chapter may also be required to pay all damages to the town water utility as a result of said violation and for the value of the water used as a result of such violation.
(C) If levied fines are not paid within 30 days, a lien will be sought against the person or the person’s responsible real estate in accordance with I.C. 36-1-6-2 or successor statute, if said statute is repealed. 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 together with attorney fees and court cost.
(D) The town water utility and 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in I.C. 36-1-6-3 in addition to the penalties described in I.C. 36-1-6-4, or a successor statute if said statute is repealed.
(E) Any portion of any prior ordinance in conflict with the provisions of this chapter is hereby repealed.
(F) Any unlawful provision found in this chapter shall not affect the remaining provision.
(Ord. 2011-WO-017, passed 3-14-2011)