(A) Generally. Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(1) Noncompliance with order.
(a) Abatement by village. If a person served with a notice and order fails or refuses to abate the violation, as required by the order under §§ 92.15 through 92.17, within 48 hours of being notified of the violation, the village or its authorized representatives may enter the property and take any reasonable actions necessary to remove the ice and snow from the sidewalks and abate the violation.
(b) Costs of abatement; delinquent payments; lien. The costs, including an administrative fee of $25, as incurred by the village in abating the violation shall be immediately due and payable to the village by the owner of the property where the violation occurred. The village shall notify the property owner that the costs are due and owing by certified mail (return receipt requested), addressed to the property owner's last known address as shown by village tax records. If the costs are not paid in full within 30 days of mailing the notification, they shall be delinquent. The amount of the costs plus any administrative fee shall be certified by the Treasurer to the Assessor for inclusion upon the next village tax roll. The amount included in the village tax roll shall be a lien against the property which may be enforced and discharged by the village in the same manner as a tax lien. The costs of abatement, if any, recovered by the village shall be in addition to any civil fines, damages, expenses, or costs payable to the village as a result of a violation.
(c) Abatement by village not a defense to violation. The abatement by the village of a violation of §§ 92.15 through 92.17 and subsequent recovery of abatement costs incurred by the village shall not be a defense to any action by the village against any person for the violation, including, without limitation, any action by the village to collect civil fines, damages, expenses, or costs as authorized by law.
(2) Municipal civil infraction. A person who violates any provision of §§ 92.15 through 92.17, including, without limitation, the failure or refusal to abate a violation following service of a notice and order, is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50 or more than $500, plus costs and other sanctions, for each infraction. Repeat offenses shall be subject to increased fines as provided by § 30.99. The Village Police Department is hereby designated as the authorized village official to issue municipal civil infraction citations (directing alleged violators to appear in court) or municipal civil infraction violation notices (directing alleged violators to appear at the village offices) for violations under §§ 92.15 through 92.17 as provided by this code.
(3) Nuisance per se; injunctive relief. A violation of §§ 92.15 through 92.17 shall be deemed to be a nuisance per se. In addition to any other remedy available at law, the village may bring an action for an injunction or other process against a person to restrain, prevent, or abate any violation of §§ 92.15 through 92.17.
(Ord. 02-01, passed 1- -2002)