(A) Whoever violates any provision of this chapter for which no other penalty is provided shall be guilty of a misdemeanor and shall be fined not more than $500 for each offense. Each day’s continued violation shall constitute a separate offense.
(B) Violation of § 92.07.
(1) Criminal.
(a) Any person who shall violate any provision of § 92.07 shall be guilty of a violation and fined not less than $20 nor more than $100.
(b) Where Kentucky Revised Statutes mandates a fine higher than that stipulated herein, the fine contained in Kentucky Revised Statutes shall apply.
(c) Any continuing violation of § 92.07 shall be considered a separate and distinct offense for each day on which a violation occurs or continues, and a separate penalty may be imposed therefor.
(2) Civil.
(a) Any person who shall violate any provision of § 92.07 shall subject the offender to a civil penalty in an amount equal to two times the minimum fine prescribed in this division, with a minimum civil penalty of $50 for each violation.
(b) The civil penalty provided herein may be recovered by the city in a civil action in the nature of a debt if the offender does not pay the penalty within 20 days after the offender has been cited for the ordinance violation. As used herein, CITED shall mean notified of the violation and the penalty in writing by an elected or appointed official of the city or the official attorney for the city. The civil penalty may be used as an alternative to or in conjunction with the criminal penalties authorized herein.
(C) Violation of § 92.08.
(1) Criminal. Notwithstanding the civil penalties or the general criminal penalties set forth in this § 92.99, whoever violates any provision of the Lyndon Chronic Nuisance Ordinance, as set forth in § 92.08, shall be guilty of a Class A misdemeanor and shall be fined not more than $500 and/or imprisoned up to 12 months for each offense. Each day’s continued violation shall constitute a separate offense.
(2) Civil.
(a) If a citation for a violation of any provision of the Lyndon Chronic Nuisance Ordinance, as set forth in § 92.08 is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be $250 for the first offense, $500 for the second offense, $1,000 for the third offense, $2,500 for the fourth offense, and $7,500 for the fifth offense and any offence thereafter. Each day’s continued violation shall constitute a separate offense.
(b) If a citation is contested and a hearing before the Code Enforcement Board is requested, the maximum civil fine which may be imposed at the discretion of the Board shall be from $100 to $500 for the first offense, from $250 to $1,500 for the second offense, from $500 to $2,500 for the third offense, from $1,000 to $5,000 for the fourth offense, and from $5,000 to $10,000 for the fifth offense and any offence thereafter. Each day’s continued violation shall constitute a separate offense.
(`91 Code, § 92.99) (Am. Ord. 6-25-07, passed 7-23-07; Am. Ord. 11-24-14, passed 12-15-14)
Cross-reference:
Fine schedule for ordinances administered by Code Enforcement Board, see § 40.11