(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.
(B) (1) Any person found to be violating any provision of §§ 51.20 through 51.28 shall be served by the County Board of Health or the duly appointed Health Officer with a written order stating the nature of the violation and providing a reasonable time limit, but not less than 30 days, nor more than 90 days, for correction of any violations of §§ 51.20 through 51.28. The written order shall be served either by certified mail or personal service by the Health Officer of the county or his or her designate.
(2) Any person who shall continue any violation of §§ 51.20 through 51.28 beyond the time limit provided for correction of any violations of §§ 51.20 through 51.28, or who performs any act prohibited herein or shall fail to perform any duty lawfully enjoined or who shall fail, neglect or refuse to obey any lawful order given by the Health Officer shall be punished for the first offense by a fine of $50. Each day a violation of §§ 51.20 through 51.28 continues shall constitute a separate offense for which a separate fine may be levied.
(3) Application of §§ 51.20 through 51.28 or any part of §§ 51.20 through 51.28 is intended to be consistent with ISDH Rule 410 I.A.C. 6-8.3 and 410 I.A.C. 6-10-1 et seq. Any inconsistency in the direct application of §§ 51.20 through 51.28 with the regulations shall be resolved in favor of enforceability of those regulations.
(4) To the extent the provisions of 410 I.A.C. 6-10-1 et seq. and ISDH Rule 410 I.A.C. 6-8.3 are inconsistent with each other then that interpretation provided by 410 I.A.C. 6-10-1 et seq. shall apply for private sewage disposal systems serving business buildings and that interpretation provided by ISDH Rule 410 I.A.C. 6-8.3 shall apply for private sewage disposal systems serving residences.
(5) The Health Officer may, in the name of the Commissioners of the county, bring actions in the County Circuit Court or Superior Courts of the county for mandatory and injunctive relief for the enforcement of and to secure compliance with any order or orders made by the Health Officer or to otherwise provide for the enforcement of §§ 51.20 through 51.28. Any action for mandatory or injunctive relief may be joined with an action to recover the penalties, costs and expenses provided in §§ 51.20 through 51.28. In the event any legal action is necessary to enforce §§ 51.20 through 51.28, the Health Officer may seek recovery of costs and expenses reasonably incurred to enforce the provisions of §§ 51.20 through 51.28 including, but not limited to, reasonable attorney’s fees.
(Ord. 15-1995, passed 7-17-1995; Ord. 2013-2, passed 3-18-2013)