§ 94.99 PENALTY.

   (A)   Whoever violates any provision of this chapter for which no specific penalty is provided shall be punished as set forth in § 10.99.

   (B)   (1)   Any person charged with violating the provisions of §§ 94.35 though 94.39 may, in the discretion of the enforcement officer, be issued an official warning. If an official warning is issued it shall be considered as affording the violator one opportunity to comply with this chapter’s provisions. Any person violating any of the provisions of §§ 94.35 though 94.39, shall, upon a written finding of violation signed by the enforcement officer, be subject to a fine pursuant to the following fine schedule. Each day such violation is committed or permitted to continue shall constitute a separate offense.

         (a)   First offense: up to $250;

         (b)   Second offense: up to $500;

         (c)   Third offense: up to $1,000;

         (d)   Fourth and subsequent offenses: up to $2,500.

      (2)   (a)   The Lawrenceburg City Court shall be the court of proper venue and jurisdiction for the enforcement of §§ 94.35 though 94.39 and shall make written findings following notice and a hearing.

         (b)   Any person issued a written notice of violation of §§ 94.35 though 94.39 shall pay the total amount of the penalty to the City of Lawrenceburg within seven days of such notice, unless such notice is appealed.

         (c)   All appeals from written finding of the Lawrenceburg City Court must be taken, within seven days, to the Board of Public Works.

         (d)   All appeals from written findings of the Board of Public Works shall be made to courts of competent jurisdiction within seven days.

         (e)   Upon failure to appeal an adverse finding or failure to comply with a written order or assessed penalty, the city legal department shall be empowered to take all appropriate action necessary to enforce the written findings of the Lawrenceburg City Court or of the Board of Public Works.

      (3)   Sections 94.35 though 94.39 shall be enforced by the Mayor, the City of Lawrenceburg Code Enforcement Officer, the Lawrenceburg Police Department and/or civil servants, appointed with the approval of the Mayor or Common Council.

      (4)   Citations for violation of §§ 94.35 though 94.39 may be issued by any sworn member of the Lawrenceburg Police Department.

      (5)   In addition to this fine schedule, any business may be prohibited and enjoined from holding music concerts if it is shown that multiple violations have occurred.

      (6)   The business and/ or property owner shall be responsible for payment of fines, and unpaid fines shall be recorded as a lien against the property.

      (7)   Each day or instance that the violation exists shall constitute a separate offense.

(Ord. 8-1998, passed 6-1-98; Am. Ord. 7-2017, passed 9-5-17)