§ 92.99  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   (1)   Any person who violates any provision of § 92.05(B) shall be subject to a civil penalty of $50 for the first violation in any calendar year with the second violation during any calendar year carrying a civil penalty of $100 and the third and subsequent violations during any calendar year carrying a penalty of $250.
      (2)   A court of law may assess additional civil penalties of up to $5,000 against the owner for noncompliance.
      (3)   If a judgment is entered against a defendant in any action to enforce § 92.05(B), the defendant may perform community restitution or service (as defined in I.C. 35-31.5-2-50) instead of paying the monetary judgment for the ordinance violation if:
         (a)   The defendant and the attorney for the town agree to the defendant’s performance of community restitution or service instead of payment of a monetary judgment;
         (b)   The terms of the agreement described in division (B)(3)(a) above include the amount of the judgment the town requests that the defendant pay under I.C. 34-28-5-4(e) for the violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and are recorded in a written instrument signed by the defendant and the attorney for the town;
         (c)   The agreement is filed in the court where the judgment was entered; and
         (d)   The court approves the agreement.
      (4)   If a defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under I.C. 34-28-5-4(c) as if the defendant had not entered into an agreement hereunder.
   (C)   Any person, firm, or corporation who violates any of the provisions of § 92.06 shall be guilty of an infraction and, upon conviction, shall be fined not less than $300. Each day the violation continues shall constitute a separate offense.
(Ord. 4-06-1, passed 4-10-2006)