§ 162.99 PENALTY.
   (A)   It shall be unlawful for any person to conduct any Development Activity within an overlay district in violation of the provisions of this chapter or contrary to the requirements and conditions set forth in any overlay district permit issued pursuant to this chapter.
   (B)   A person who violates any provision of this chapter shall be subject to civil penalties of not less than $100 and not more than $1,000. Each day a violation continues after due notice has been served of the violation shall constitute a separate offense.
   (C)   Any person cited for violation of the provisions of this chapter may pay the minimum civil penalty within seven days from the date of issuance or request a hearing regarding such citation and penalty before the Code Enforcement Board (“Board”) in accordance with §§ 32.275 et seq. 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. In this event, the Board shall enter a final order determining that the violation was committed and impose the maximum civil penalty set forth in the citation.
   (D)   The Metro Government shall possess a lien on the property of the person committing the violation for all fines, penalties, charges and fees imposed pursuant to subsections (A) and (B) above. The lien shall be superior to and have priority over all other subsequent liens on the property except state, county, School Board and Metro Government taxes.
(1999 Lou. Code, § 158.99) (Lou. Ord. No. 233-1992, approved 12-28-1992; Lou. Am. Ord. No. 157-1996, approved 8-15-1996; Lou. Metro Am. Ord. No. 265-2007, approved 11-26-2007)