(A) Civil offense. Any violation of any provision of this chapter is hereby classified as a civil offense pursuant to KRS 65.8808 and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the provisions of this chapter, and nothing contained herein shall prohibit the enforcement of the provisions of this chapter by any other means authorized by law.
(1) If a citation for a violation of any provision of this chapter is not contested by the person charged with the violation, and the violation is timely remedied, the civil fine to be imposed for each offense shall be $50 for the first offense, $100 for the second offense, and $150 for the third and thereafter offense.
(2) If a citation is contested and hearing before the Code Enforcement Board is required, or if the violation is not remedied, the maximum civil fine which may be imposed at the discretion of the Board shall be $500 for the first offense, $750 for the second offense, and $1,000 for the third and thereafter offense.
(3) Each section violated shall be considered a separate fineable offense. If two or more sections are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense without issuance of a separate citation.
(4) If the Code Enforcement Officer has probable cause to believe that a license should be revoked for any of the reasons set forth in this chapter, he may state as such in his citation, and the matter will be decided by the Code Enforcement Board as set forth in its hearing procedures.
(B) (1) In addition to the civil penalties set forth in division (A) above, a person engaging in, pursuing, or carrying on the occupation, trade or profession mentioned in §§ 110.01 through 110.14 without first obtaining a license and paying the fee herein provided for, may be guilty of a Class A misdemeanor and may be fined not less than $25 nor more than $250 for each offense. Each day the violation continues shall constitute a separate offense.
(2) The city may also obtain injunctions or abatement orders to insure compliance with this chapter or pursue administrative remedies when appropriate, including injunctions and abatement proceedings. Within 30 days after the penalty date, the City Council may, at its discretion, instruct the Mayor to order the business closed.
(C) (1) Any person who shall fail, neglect or refuse to make any return as to any occupational license fee required by §§ 110.25 through 110.41; any employer who shall fail to withhold the occupational license fee or pay over to the city the fee so withheld under the terms of this chapter; any person who shall refuse to permit the City Clerk or any agent or employee designated by him, in writing, to examine his or her books, records and papers; any person who shall knowingly make any incomplete, false or fraudulent return; or any person who shall attempt to do anything whatsoever to avoid the full disclosure of the amount of earnings or profits in order to avoid the payment of the whole or any part of the occupational license fee shall, upon conviction, be guilty of Class A misdemeanor in addition to the occupational license fee due.
(2) The failure of any employer or obligor to receive or procure returns or other forms is not an excuse for failure to make any return or to pay the occupational license fee.
(3) Any person who violates this division (C) shall be fined not less than $25 nor more than $500 and/or 12 months imprisonment for each offense; a separate offense shall be committed for each day the violation occurs. Any person violating this chapter may also be found guilty of a civil offense. The civil fine shall be as provided for in Ordinance 2017-09. The civil fine shall be paid directly to the city. If the fine is not paid within 30 days from the date of notification, then the city may recover said fine in a civil action in a court of proper jurisdiction. The city may also obtain injunctions or abatement orders to insure compliance with this chapter or pursue administrative remedies when appropriate, including injunctions and abatement proceedings.
(Ord. 2017-12, passed 12-11-2017; Ord. 2020-11, passed 6-22-2020)