(A) (1) Any person violating any of the provisions of § 156.203, or neglecting to comply with any order issued pursuant to § 156.203, shall be guilty of a misdemeanor and shall be fined not less than $25 nor more than $500, or be imprisoned for not more than 60 days, or both. Each day’s violation shall constitute a separate offense.
(2) Any person, firm or corporation, who shall violate any provision of § 156.203 shall be subject to a civil penalty of not less than $100 nor more than $1,000. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(B) Any person, firm or corporation, who shall violate any provision of this chapter other than as set forth in subsections (A), (B) and (C), above, shall be subject to a civil penalty in accordance with the penalty schedule as set forth in Appendix A, Exhibit A. Any person cited pursuant to this subsection (D) may pay the civil penalty within seven days from the date of issuance or request a hearing regarding such penalty to the Board in accordance with § 32.283(F). If the person fails to respond to the citation within seven days as referenced above, the person shall be deemed to have waived the right to a hearing and the determination that a violation was committed shall be final. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(C) The Metro Government shall possess a lien on property for all fines, penalties, charges, abatement costs, and fees imposed pursuant to this Code in accordance with § 32.288. The lien shall be superior to and have priority over all other liens on the property except state, school board and Metro Government taxes.
(D) Notwithstanding subsection (C), above, any person, firm or corporation who violates any provision of this chapter shall be subject to criminal proceedings and upon conviction thereof shall be subject to a fine of not more than $250 if committed by a person, not more than $500 if committed by a corporation, or imprisonment for a term not to exceed 50 days, or both. Each day that a violation continues after a citation has been issued or notice has been served shall be deemed a separate offense.
(Jeff. Ord. 37-2002, adopted and effective 11-12-2002; Lou. Metro Am. Ord. No. 69-2003, approved 4-16-2003; Lou. Metro Am. Ord. No. 162-2004, approved 10-28-2004; Lou. Metro Am. Ord. No. 125-2007, approved 7-2-2007; Lou. Metro Am. Ord. No. 122-2011, approved 6-8-2011, effective 7-1-2011; Lou. Metro Am. Ord. No. 200-2016, approved 11-29-2016, effective 12-31-2016; Lou. Metro Am. Ord. No. 113-2017, approved 6-22-2017; Lou. Metro Am. Ord. No. 7-2020, approved 2-21-2020, eff. 5-21-2020; Lou. Metro Am. Ord. No. 167-2022, approved 11-17-2022)
Editor’s Note:
Ordinance 167-2022, approved November 17, 2022, repealed subsections (A) and (B) of § 156.999, which set out penalties for violations of § 156.057. Penalties for violations of criminal activity nuisances can now be found in Chapter 149. All citations issued prior to the effective date of Chapter 149 (February 17, 2023) shall be enforced pursuant to LMCO §§ 156.057 and 156.999(A) and (B).