(A) A person who violates this subchapter commits a class A infraction. When a violation occurs, the permit holder, the contractor, company or individual performing the work and the owner of the facilities being installed or constructed shall be held in violation both jointly and separately. Each subsection violated and each day for which the violation remains shall be a separate violation. A fine in an amount not to exceed $2,500 shall be imposed for each violation of this subchapter. Additionally, the permittee, owner or contractor shall be responsible for the costs of restitution for any damages to any County right-of-way or improvement thereon. The applicable fine and restitution cost shall be entered against a person who violates this subchapter per violation for each day of the violation.
(B) Fee for enforcement of violations. Whenever any individual or corporation is found to be in violation of any section of this subchapter, an inspection fee will be imposed to cover the costs of enforcement. This fee shall be $250 per day per violation of each section of this subchapter. This fee is due and payable by permittee upon notification by the County Engineer. Failure to pay the fee within 14 days of notification will result in the withholding of all future permits to the individual or corporation and immediate submittal of the violation to the County Attorney for collection. At the discretion of the County Engineer, this fee may be waived for an initial violation of this subchapter provided the violator corrects his or her violation in a timely manner.
(C) Appeal of the levy of this fee may be made to the County Commissioners. The fee amount due will not be required to be paid until the County Commissioners have acted upon the appeal.
(D) In addition to the remedies set out in this section, any contractor, company, or individual who violates any provision in this subchapter may be ineligible to obtain a permit under this subchapter unless, or until all fines, damages, judgments, or restitution costs are paid in full by the violator.
(E) For any violation of this subchapter or for any fine, fee, or cost of restitution as provided for in this subchapter, the county may file an action for damages and injunctive relief and for the imposition or collection of such fine, fee, or cost of restitution in the Hendricks County Circuit or Superior Courts. The person, company, corporation for contractor found to be in violation shall also be ordered to pay the costs of such action including reasonable attorney fees of the county.
(Ord. 2023-11, passed 3-14-2023)