(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person, firm or corporation violating any provision of § 52.01 shall be deemed guilty of a Class C infraction and shall be subject to punishment as provided in I.C. 22-12-8-2. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
(C) (1) Any person found to be violating any provision of §§ 52.15 through 52.30, except § 52.30, shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The violator shall, within the period of time stated in such notice, not to exceed 90 days, permanently cease and correct all violations to include, without limitation, any violation of § 52.18(H) of this chapter, by removing any connection of roof down spouts, exterior foundation drains, areaway drains, or other sources of surface run-off or groundwater from the violator's property to a building sewer or building drain which in turn is connected directly or indirectly to public sanitary sewer.
(2) Any person who continues any violation beyond the time limit provided for in division (A) above shall be liable to the town for the civil penalty provided for in this section.
(3) Any person who refuses to comply with § 52.30 of this chapter, upon being orally requested to do so by the Town Manager or Inspector, shall be considered in violation of this chapter, without the necessity for further notification.
(5) The town may recover reasonable attorney's fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the town.
(6) In determining the amount of civil liability, the court shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, any economic benefit gained through the person's violation, corrective actions by the person, the compliance history of the person, and any other factor as justice requires.
(7) Filing a suit for civil penalties shall not be a bar, or a prerequisite for, taking any other action against a person.
(8) This penalty shall be in addition to any other cause of action for personal injury or property damage available under the law of the State of Indiana.
(Ord. 3-1981, passed 2-9-1981; Ord. 1-1-1982, passed 7-20-1982; Ord. 1993-4, passed 9-1-1993; Ord. 2023-8, passed 6-20-2023)