§ 92.99 PENALTY.

   (A)   Any person who shall violate any provision of this chapter for which no other penalty is specifically provided shall be fined not less than $20 nor more than $500.

   (B)   Violation of the provisions of §§ 92.16 through 92.18 or failure to comply with any of the requirements therein shall constitute a misdemeanor. Any person who violates §§ 92.16 through 92.18 or fails to comply with any of the requirements therein shall, upon conviction thereof, be fined not less than $25 nor more than $100, or imprisonment for a period not to exceed 50 days, or both such fine and imprisonment for each day's violation. Each day during which such violation continues shall be deemed a separate offense for which a separate fine may be imposed. No additional notice other than the notice for the original offense shall be required to convict a person for violations resulting from a continuation of such offense.

   (C)   Where Kentucky Revised Statutes mandates a fine higher than that stipulated herein, the fine contained in Kentucky Revised Statutes shall apply.

   (D)   Any continuing violation of this code of ordinances shall be considered a separate and distinct offense for each day on which a violation occurs or continues, and a separate penalty may be imposed therefor.

   (E)   Any violation of this chapter shall subject the offender to fines, penalties, and forfeitures that may be imposed by law, and the city may secure injunctions and abatement orders, when appropriate, to insure compliance with its ordinances as authorized by KRS 83A.065.

   (F)   Any violation of this chapter shall subject the offender to a civil penalty in an amount equal to two times the minimum fine prescribed in the ordinance violated, with a minimum civil penalty of $50 for each violation.

   (G)   The civil penalty provided herein may be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after the offender has been cited for the ordinance violation. As used herein "cited" shall mean notified of the violation and the penalty in writing by an elected or appointed official of the city or the official attorney for the city. The civil penalty may be used as an alternative to or in conjunction with the criminal penalties authorized herein.

   (H)   Any city nuisance ordinance may be enforced by any one, all, or a combination of the remedies authorized by this section or the ordinance violated.

   (I)   Where any ordinance provides that each day a violation of the ordinance continues shall be a separate and distinct offense, a separate civil penalty may be imposed for each such day. No additional notice other than the notice for the original offense shall be required to impose these civil penalties for violations resulting from a continuation of such offense.

(Ord. 94-09, passed 12-16-94; Am. Ord. 96-03, passed 9-23-96)

   (J)   Criminal or civil penalty for §§ 92.30 through 92.36. Pursuant to the city's prosecutorial discretion, the city may enforce violations of the provisions of §§ 92.30 through 92.36 as criminal, civil or abatement actions.

      (1)   Misdemeanor. Any person who is violating any of the provisions of §§ 92.30 through 92.36 shall be guilty of a misdemeanor. Each and every day, during which any such offense is committed, continued or allowed shall be a separate offense.

      (2)   Each and every offense under §§ 92.30 through 92.36 is punishable by:

         (a)   A fine not exceeding $100.00 for the first offense;

         (b)   A fine not exceeding $500.00 for the second offense of the same or similar provision within one year period; or,

         (c)   A fine no less than $1,000.00 for each additional offense, after the second, of the same or similar provision of §§ 92.30 through 92.36 within a one year period of the first offense.

      (3)   Penalty for misdemeanor. Any person found guilty of a misdemeanor under §§ 92.30 through 92.36 shall be subject to imprisonment for a period of not exceeding six months; or, by both fine and imprisonment.

      (4) Civil Penalties. Any person who intentionally, accidentally, or negligently violates any provision of §§ 92.30 through 92.36 may be civilly liable to the city in the sum of not less than $100.00 but not to exceed $1,000.00 per day for each day in which such offence occurs or continues. The city may petition the Jefferson District Court to impose, assess and recover such sums.

(Ord. 09-06, passed 8-11-09)

   (K)   Fees and penalties for §§ 92.50 through 92.58.

      (1)   Criminal. Any person, firm, corporation, or other entity violating §§ 92.50 through 92.58 , or any provision thereof, shall be subject to a civil fine of not less than $100.00 for each such violation, and each day on which a violation exists or occurs shall be deemed a separate violation for which a separate fine may be accessed. A separate fine shall apply to each day the portable storage container remains on the property after the expiration of the permit.

      (2)   Civil.

         (a)   Any person who shall violate any provision of §§ 92.50 through 92.58 shall subject the offender to a civil penalty in an amount equal to two times the minimum fine prescribed in §§ 92.50 through 92.58.

         (b)   The civil penally provided herein may be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after the offender has been cited for the ordinance violation. As used herein "cited" shall mean notified of the violation and the penalty by an elected or appointed official or the official attorney for the city. The civil penalty may be used as an alternative to or in conjunction with the criminal penalties authorized herein.

(Ord. 07-03, passed 7-10-07)