(A) Injunction. In addition to any other remedies which may be available at law or in equity, the city may sue in the appropriate court for an injunction to prohibit the violation of, or to enforce compliance with, any regulation contained in this chapter. The city is not required to give bond as a condition to the issuance of injunctive relief.
(B) Nuisance abatement. A wind energy system that is not timely removed after discontinuation of use, or that is abandoned, dilapidated, unstable, leaning significantly out-of-plumb, or generating excessive noise, or that poses a significant risk of fire, collapse, or other hazard to safety, health, or public welfare, is declared a nuisance, and shall be subject to the abatement and enforcement procedures set forth in Chapter 93 of this code.
(C) Offenses. Proceedings under divisions (A) and (B) of this section shall have no effect upon a prosecution under this section.
(1) It shall be an offense for a person to violate any applicable provision of this chapter.
(2) It shall be an offense for a person to own, use, operate, construct, erect, install, move, convert, enlarge, reconstruct or structurally alter a wind energy system in violation of any applicable provision of this chapter.
(3) It shall be an offense for a person to permit, allow or maintain a wind energy system in violation of any applicable provision of this chapter on premises owned, occupied or controlled by the person.
(D) Penalties. Upon conviction a person who commits an offense under this chapter shall be punished by a fine not to exceed $500, except that a person convicted of a knowing or intentional offense under this chapter shall be punished by a fine not to exceed $2,000.
(Ord. 2009-02, passed 1-13-09)