747.05 ENFORCEMENT AND PENALTIES.

   (a)   Regardless of the penalties provided in Section 501.99(a) of the Codified Ordinances, whoever violates any provision of Section 747.02, whether an owner or operator, shall be subject to a civil penalty of at least two thousand dollars ($2,000), but not more than five thousand dollars ($5,000) for each violation. Each day of violation constitutes a separate offense.

   (b)   Violation of any individual subsections of the requirements in Section 747.03 shall constitute a violation of the requirements. Each numbered sentence constitutes a subsection of the requirements. Violation of any requirements of Section 747.03 shall constitute a nuisance.

   (c)   Regardless of the penalties provided in Section 501.99(a), whoever violates any requirement of Section 747.03, whether an owner or operator, shall be subject to a civil penalty of at least five hundred dollars ($500.00), but not more than two thousand dollars ($2,000) for each violation. Each day of violation constitutes a separate offense.

   (d)   Regardless of the penalties provided in Section 501.99(a), whoever is charged by Section 747.04, with the duty of paying the fees or filing returns imposed by Section 747.04, whether an owner or operator, and who willfully fails or refuses to pay such fees, or to make a return to the Administrator as required by Section 747.04, or fails or refuses to permit the Administrator or his/her duly authorized agent, to examine his/her books and other records, in or upon any premises where the same are kept, to the extent necessary to verify any return made or to ascertain and assess the fees imposed by Section 747.04 if no return was made, or to maintain and keep such book and records for three years or such lesser or greater time as may be permitted or required by the Administrator, shall be subject to a civil penalty not to exceed one thousand dollars ($1,000). Each day of violation constitutes a separate offense.

   (e)   Village officials or police officers shall be permitted to make unannounced inspection to insure compliance with all sections of this chapter

   (f)   Nothing in this chapter shall prevent the Village or any individual from enforcing additional local or State prohibitions against nuisances.

   (g)   Any person aggrieved or adversely affected by an alleged violation of any section of this chapter or any requirement of Section 747.03, may commence a civil action on his own behalf against any person, operator or owner who is alleged to be in violation of this chapter or any requirement of Section 747.03.

(Ord. 1989-21. Passed 10-3-89.)