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(A) General penalty. Whoever violates any provision of this code, for which another penalty is not specifically provided, shall be fined $100 for a first offense, $150 for a second offense and $250 for a third or subsequent offense. See I.C. 36-1-3-8.
(B) Enforcement procedures.
(1) Any action to enforce an ordinance or code section shall be initiated by filing a complaint and summons (complaint) in the county’s Superior or Circuit Court.
(2) The complaint shall be signed by any sworn police officer, Town Attorney, or Town Council President.
(3) The officers, in their reasonable discretion, may issue warning tickets which allow the person or landowner who is cited to remedy the alleged ordinance violation within such time as is approved by the enforcement officer, which time shall not exceed 30 days without good cause.
(4) If an alleged violation is not remedied within the time on a warning, the officers may issue a new complaint.
(5) In the event the ordinance violation concerns the condition or improvement of a parcel of real estate, the officer may, as opposed to citing the person in possession of the real estate, issue the complaint to the owner of the real estate. The name and address of the landowner shall be obtained from the property records maintained by the County Auditor. The officers shall attach a copy of the property record information to the complaint. Such complaint, along with a copy of the property record information shall constitute prima facie proof of the ownership of the real estate where the violation occurred.
(6) In the event any ordinance does not specifically provide that the violation thereof is an infraction, then the violation of the ordinance shall be a Class C infraction. Any subsequent violation within one year of the judgment of a violation of a first offense shall be a Class B infraction. Each day of any violation shall be deemed a separate offense.
(7) It is the intent of the enforcement procedures of this code of ordinances that all persons comply with the ordinances of the town. To that end, the Town Council encourages the use of the town’s Deferral Program pursuant to I.C. 34-28-5-1(f).