§ 94.999 PENALTY.

   (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)   Every person, firm or corporation convicted of violating any provision of §§ 94.001 through 94.022 for which another penalty is not provided shall for the first conviction thereof be punished by a fine of not less than $25 and not more than $100. For a second such conviction within one year thereafter, such person, firm or corporation shall be punished by a fine of not less than $100 and not more than $250. For a third such conviction within one year of the first conviction, such person, firm or corporation shall be punished by a fine of not less than $250 and not more than $500.

   (C)   Any person who violates § 94.008(B) shall be fined not less than $100 nor more than $1,000 for each such offense, and that each day the violation continues shall be separate offense.

   (D)   Violation of § 94.050 shall be an infraction and subject to the penalties in § 10.99 or any such ordinance and procedures for enforcement and collection of said fines as allowed by state law.

   (E)   (1)   Any driveway constructed on land in the county in violation of any of the provisions of §§ 94.065 through 94.072 shall be deemed to be an unlawful driveway.

      (2)   Any person, who constructs an unlawful driveway in violation of any provision of §§ 94.065 through 94.072, shall be notified in writing of the unlawful acts and will be given ten days to apply for the permit or comply with the permit issued. If the landowner or tenant fails to comply within ten days, the offender shall be subject to a $25 per day penalty for each day of noncompliance.

      (3)   The County Building Department shall also be able to enforce compliance with §§ 94.065 through 94.072, and the collection of the penalty in a civil proceeding against the offender. Any landowner who fails to comply with § 94.071 and fails to reimburse the County Highway Department for the cost of stone or gravel and the culvert pipe per the cost schedule in § 94.072 shall be deemed to be in violation of this §§ 94.065 through 94.072. The landowner will be given 30 days from the time of installation to pay the scheduled fee. If the landowner fails to comply within 30 days, the offender shall be subject to a minimum fine of $350 to a maximum fine of $1,650. The County Highway Department shall also be able to enforce compliance of § 94.071 and collection of the penalty in a civil proceeding against the offender. Any person who constructs an unlawful driveway which intersects a state highway, will be subject to any penalties, forfeitures, or conditions established by the state.

      (4)   Any physical changes required by the County Highway Department to an unlawful driveway to bring the driveway into compliance with the terms of this §§ 94.065 through 94.072 and the terms of the driveway permit will be made at the private owner’s expense.

(BC Ord. 1982-4, passed 9-20-1982; BC 1995-1, passed 1-17-1995; BC Ord. 2001-47, passed 12-12-2001; BC Ord. 2019-0012, passed 7-15-2019; BC Ord. 2020-0009, passed 1-6-2020)