(A) In determining the amount of a civil liability, all relevant circumstances shall be considered, 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 customer's violation, corrective actions by the customer, the compliance history of the customer and any other factors as justice requires. In addition to the above described penalty and damages, the city may recover reasonable attorney's fees, expert witness fees, court costs, and other expenses associated with enforcement activities.
(B) Any person who shall violate any provision of this code or standard hereby adopted or fail to comply therewith; or who shall violate or fail to comply with any order made hereunder; or who shall build in violation of any detailed statement of specifications or plans submitted and approved hereunder; or fail to operate in accordance with any certificate or permit issued hereunder, and from which no appeal has been taken; or who shall fail to comply with such an order as affirmed or modified by a court of competent jurisdiction, within the time fixed herein; shall severally for each and every such violation and noncompliance, respectively, be guilty of a civil offense or a criminal offense as the case may be. Violations of the provisions of this chapter shall be heard by the Murray Code Enforcement Board, should the violator request a hearing, and shall subject the offender to a civil penalty not to exceed five hundred dollars ($500.00), which may be recovered in a civil action in the nature of debt if the offender does not pay the penalty within the time period prescribed by the Code Enforcement Officer or the Code Enforcement Board. Each day that the violation continues shall constitute a separate and distinct offense.
(C) A fine of not less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00) may be levied for maliciously or willfully breaking, damaging, destroying, uncovering, defacing or tampering with any structure or equipment which is a part of Murray Natural Gas. Each day that the violation continues shall be a separate and distinct violation.
(D) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, the application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions by the city. Should the city be required to correct or remedy any violation or defect, the customer shall be billed for all repair work, including, but not limited to, labor, materials, and supplies. Each day that the prohibited conditions are maintained shall constitute a separate and distinct offense.
(E) Failure to maintain current state licensure as a licensed gas professional and intentional failure to notify the city of such failure shall subject the licensed gas professional to the penalty of perjury under KRS 523.030.
(F) Should the licensed gas professional's license be suspended, revoked or not renewed, and the licensed gas professional fail to notify Murray Natural Gas, such suspension, revocation or non-renewal shall subject the offender to a civil penalty not to exceed two hundred and fifty dollars ($250.00) for each such offense, which may be recovered in a civil action in the nature of debt if the offender does not pay the penalty within the time period prescribed by the Code Enforcement Officer or the Code Enforcement Board, should the offender request a hearing.
(G) In addition, the business license of any licensed gas professional who may be installing natural gas customer piping, appliances, equipment and/or fixtures, and who fails to comply with the provisions of this chapter may be revoked or not renewed by the city.
(Ord. 2022-1837, passed 12-8-22)