§ 10.99  GENERAL PENALTY; ENFORCEMENT PROCEDURES..
   (A)   General Penalty.  Whoever violates any provision of this code for which another penalty is not specifically provided shall be fined not more than $2,500 for each offense.  (See IC 36-l-3-8)
   (B)   Enforcement Procedures.
      (1)   Any person who violates Title V, Title IX, Title XI or Title XV of this code of ordinances, or any other ordinance of the city containing a penalty for violation, other than Title VII shall be subject to the enforcement provisions of this subsection.
      (2)   This subsection shall not amend the enforcement provisions of the Traffic Code contained in Title VII.
      (3)   Any action to enforce an ordinance or code section listed in division (B)(1) above, shall be initiated by filing a Complaint and Summons (the Complaint) in the Noblesville City Court, on a form substantially similar to Exhibit A attached to Ordinance 6-3-02 and incorporated herein by reference.
      (4)   The Complaint shall be signed by any sworn police officer, by any Director of the city, or such employee of the Director's department as the Director shall authorize in writing (the Enforcement Officers).  Said authorization shall be on a form substantially similar to Exhibit B attached to Ordinance 6-3-02 and incorporated herein by reference, approved by the Board of Public Works and Safety, and filed in the minutes of the Board of Public Works and Safety.
      (5)   The Enforcement Officers, in their sole discretion, may issue warning tickets which allow the person, or landowner, who is cited to remedy the alleged ordinance violation within such time as is approved by the enforcement officer, which time shall not exceed 30 days without good cause.
      (6)   If an alleged violation is not remedied within the time on a warning, the Enforcement Officers may issue a new complaint.
      (7)   In the event the ordinance violation concerns the condition or improvement of a parcel of real estate, the Enforcement Officers may, as opposed to citing the person in possession of the real estate, issue the Complaint to the owner of the real estate.  The name and address of the landowner shall be obtained from the property records maintained by the Hamilton County Auditor.  The Enforcement Officers shall attach a copy of the property record information to the Complaint.  Such Complaint, along with a copy of the property record information shall constitute prima facie proof of the ownership of the real estate where the violation occurred.
      (8)    A business whose goods or services are advertised on a sign posted in violation of the sign ordinance of the city may be cited by mailing a Complaint to the last known address as shown in the Indianapolis Metropolitan Phone Book.
      (9)   A Complaint shall be served upon the alleged offender in person or by certified mail, return receipt requested, pursuant to the Indiana Rules of Trial Procedure.
      (10)    In the event any city ordinance does not specifically provide that the violation thereof is an infraction, then the violation of the ordinance shall be a Class C infraction.  Any subsequent violation within one year of the judgment of a violation of a first offense shall be a Class B infraction.  Each day of any violation shall be deemed a separate offense.
      (11)    It is the intent of the enforcement procedures of this code of ordinances that all persons comply with the ordinances of the city.  To that end, the Common Council encourages the use of the Noblesville City Court Deferral Program pursuant to IC 34-28-5-1(g).
(Ord. 6-3-02, passed 3-26-02)