(A) Unlawful act. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any premises, property, structure or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of any provisions of this chapter, or to fail to obey a lawful order or regulation of the Code Official, or to remove or deface a placard or notice posted under the provisions of this chapter.
(B) Failure of duty. In this section, the term "violation" does not include the failure of a town officer or employee to perform an official duty under this chapter unless it is specifically provided that the failure to perform the duty is to be punished as provided in this section.
(C) Penalty. Any person who violates any provision of this chapter shall be subject to a fine of not less than $50 nor more than $2,500 for each offense and, except as otherwise provided by law or ordinance, each day that a violation continues under this chapter shall be deemed a separate and distinct offense.
(D) Injunctive relief. Violations of this chapter that are continuous with respect to time are hereby found to be and declared a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any penalty under this code or any other law does not prevent the town from seeking injunctive relief to abate any violation of this chapter.
(E) Prosecution. In case of any unlawful act, the Code Official shall institute an appropriate action or proceeding at law to exact the penalty provided in division (C) of this section. Also, the Code Official shall request the Town Attorney to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person to:
(1) Restrain, correct or remove the violation or refrain from any further execution of work or any further violation;
(2) Restrain or correct the erection, installation, maintenance, repair or alteration of such structure;
(3) Require the removal of work in violation; or
(4) To prevent the occupancy of the structure that is not in compliance with the provisions of this chapter.
(F) The imposition of a penalty under this section does not prevent suspension or revocation of a license, permit or franchise or other administrative sanctions.
(G) If a person is found to be financially unable to pay a fine at the time it is imposed, the fine may be ordered payable in monthly installments of not less than $25 with the first payment due 30 days after imposition of the fine. Upon default in payment of any such installment, the entire balance of the fine shall be immediately due and payable with interest thereon at the judgment rate. (State law references: Limitations on penalties, IC 36-1-3-8(a)(9), 36-1-3-8(a)(10); enforcement of ordinances, IC 36-1-6-1 et seq.)
(H) Any penalty imposed under this section may be suspended for any violator that is, or above, 65 years of age upon their compliance with the provisions of this chapter.
(Ord. 2002-15, passed 10-14-02)