(A) Whoever violates any provision of Article II shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than ten dollars ($10.00) but not more than five hundred dollars ($500.00).
(B) (1) Whoever violates any provision of § 41.201 shall be fined not less than twenty five dollars ($25.00) for the first offense, not less than fifty dollars ($50.00) for each subsequent event, but no more than five hundred dollars ($500.00) for each offense. Each day’s continued violation shall constitute a separate offense.
(2) Any person that violates § 41.201(A) or (C) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not less than two hundred fifty dollars ($250.00), nor more than five hundred dollars ($500.00), and imprisoned for not less than 7 days nor more than 12 months.
(3) Any person that violates § 41.201(D) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not more than five hundred dollars ($500.00), or imprisoned not more than 12 months.
(4) Any person, including any person in control, who violates § 41.201(E) shall be guilty of a Class A misdemeanor, and shall, upon conviction, be fined not less than three hundred dollars ($300.00), nor more than five hundred dollars ($500.00), and imprisoned for not less than 60 days nor more than 12 months.
(5) Pursuant to KRS 534.050, any corporation or entity, public or private, that violates § 41.201(A), (C), or (E), shall, upon conviction, be fined not less than five thousand dollars ($5,000.00) and not more than ten thousand dollars ($10,000.00), or double the amount of the gain by the commission of the offense.
(6) In addition to the remedies set forth in this section, any person, corporation, or entity, which violates § 41.201(A), (C), (D) or (E), shall be liable to the city for the full amount of restoration or reconstruction required under those sections, in addition to reasonable engineering fees, attorney fees, costs, and expert fees, for the enforcement of those sections. The amount of liability may be proven by an opinion of a licensed engineer, to a reasonable degree of engineering certainty, about the costs to conduct such restoration or reconstruction, and without regard to whether or not such restoration or reconstruction was performed or will be performed by the city.
(7) Whoever violates any provision of Article III of this chapter, except § 41.201, shall be guilty of a misdemeanor and shall, upon conviction, be fined not more than five hundred dollars ($500.00).
(8) Any violation of Article III of this chapter is hereby further classified as a civil offense, pursuant to Article III and KRS 65.8808, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the applicable code sections, and nothing contained herein or in Article III shall prohibit the enforcement of Article III by any other means authorized by law.
(9) If a civil citation for a violation of Article III is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be one hundred dollars ($100.00) for the first offense, ninety dollars ($90.00) for the second offense, and five hundred dollars ($500.00) for the third, and thereafter, offense.
(10) If a civil citation is contested and a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20.00) to two hundred dollars ($200.00) for the first offense, from one hundred dollars ($100.00) to seven hundred fifty dollars ($750.00) for the second offense, and from two hundred dollars ($200.00) to one thousand eight hundred dollars ($1,800.00) for the third, and thereafter, offense. An offense shall be considered a subsequent offense if there is a previous offense within a five year period.
(11) Each section of Article III violated shall be considered a separate fineable offense. If two or more sections of Article III are violated, the fines and penalties shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense upon issuance of a separate citation.
(Ord. 06-1992, passed 6-16-92; Am. Ord. 5-2014, passed 7-14-14)