§ 152.999  PENALTY.
   (A)   (1)   In accordance with I.C. 36-7-4-1014, or as amended thereafter, the Commission or any enforcement official designated in the chapter, may bring an action in the Circuit or Superior Court of the county to invoke any legal, equitable or special remedy for the enforcement of this chapter. If the Commission or designated enforcement official is successful in the act, the violator shall bear the cost of the action. A change of venue from the county may not be granted in such an action.
      (2)   In accordance with I.C. 36-7-4-1015, or as amended thereafter, the Board or any enforcement official designated in the chapter, may bring an action for injunction in the Circuit or Superior Court of the county to restrain a person from violating this chapter or for a mandatory injunction directing a person to remove a structure erected in violation of this chapter. If the Board or any designated enforcement official is successful in its action, the violator shall bear the cost of the action. A change of venue from the county may not be granted in such an action.
   (B)   (1)   Any person who violates this chapter or fails to comply with any of its requirements, including but not necessarily limited to, violations of conditions and safeguards established in connection with this chapter, shall be fined a sum of at least $500, but not more than $2,500 for the first violation of the chapter, and not more than $7,500 for a second or subsequent violation of this chapter.
      (2)   Each calendar day a violation remains uncorrected it is a distinct and separate ordinance violation subject to an additional citation and fine in the amount prescribed.
(Ord. 2006-13, passed 4-3-2006; Ord. 2012-9, passed 7-2-2012)