(A) It shall be the duty of the Street Department Superintendent to enforce these regulations and to bring any violations or lack of compliance to the attention of the Board of Public Works and Safety who may then direct the City Attorney to file a complaint against the person and prosecute the alleged violation.
(B) The Board of Public Works and Safety by mandatory injunction in the Circuit Court of the county against the owner or possessor of the real estate, may require the removal of a sidewalk or structure erected in violation of this chapter, or the removal of any use or condition in violation of this chapter.
(C) A condition of sidewalk that violates this chapter shall be treated as if it were a common nuisance, and the owner or possessor of the structure, land or premises upon which the use is maintained shall be liable for the nuisance.
(D) Any person whether owner and/or possessor, who shall violate, or who permits or allows a violation, of any of the provisions of this chapter, or who fails to comply therewith or with any requirements thereunder shall, upon complaint filed in any court of the county and upon judgment finding the violation, be fined not less than $25 and not more than $500, and each day that the violation or non-compliance shall be permitted to exist, shall constitute a separate violation.
(E) Notwithstanding anything contained in this chapter to the contrary, and in addition and supplementary to other provisions of this chapter, if the Board of Public Works and Safety or the city is required to utilize the services of the city's Attorney or any other attorney in investigating a possible violation of this chapter or enforcing the provisions of this chapter before any board or court (including appeals), and such investigation results in a determination that a violation has occurred, or if the Board of Public Works and Safety or city is successful in its enforcement of this chapter by way of suit, appeal or other appropriate proceeding, the respondent, defendant or party investigated for a violation shall pay the city's reasonable attorney fees and all costs related to the investigation of the violation and/or the enforcement of this chapter, unless the attorney fees or costs are specifically waived by the Board of Public Works and Safety.
(F) As to any appeal from a decision of the Board of Public Works and Safety, costs may not be allowed against the Board of Public Works and Safety unless it appears to the court that the Board acted with gross negligence or in bad faith in making the decision brought up for review.
(G) The Street Department Superintendent or any person or persons assisting the Street Department Superintendent in the application and enforcement of this chapter is hereby authorized to go onto private property for the purpose of conducting inspections required by this chapter or any order of the Board of Public Works and Safety, or required to determine if this chapter is being violated, or required to enforce this chapter. The inspection or inspections shall occur at reasonable times and shall be conducted in a manner so as not to disturb the peace.
(Ord. 644, passed 8- -2001)