§ 50.99 PENALTY.

   (A)   Generally.  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)   Public disposal.

      (1)   A violation of any of the provisions of §§ 50.01 through 50.08  shall be punishable by a fine of not less than $50 nor more than $500.

      (2)   The county shall pay a reward of $50 to any person providing information which leads to the conviction of a violator of §§ 50.01 through 50.08.

   (C)   Solid waste haulers. Failure to register and obtain the permit required in § 50.36 shall be punishable by a fine of $200 for the first offense and $500 for a second or subsequent offense. Each unregistered and unpermitted vehicle shall constitute a separate offense.

   (D)   Open dumping.

      (1)   Any person who violates the provisions of §§ 50.50 through 50.57 shall appear within 30 days at the office of the enforcement agent that issued the notice of ordinance violation, and shall pay a fine as outlined in division (D)(2) below. If a violator fails to appear at the office of the enforcement agent that issued the notice of ordinance violation within 30 days of the date of the notice of ordinance violation, an enforcement action may be filed in the County Circuit Court, or any successor court. Upon conviction or admission of any violation of §§ 50.50 through 50.57 in the County Circuit Court, or any successor court, the violator shall be subject to fines and penalties as outlined in division (D)(3) below.

      (2)   Any person who violates the provisions of §§ 50.50 through 50.57 and appears within 30 days at the office of the enforcement agent that issued the notice of ordinance violation shall pay a fine as follows:

         (a)   Any person whose acts constitute a Class A violation of §§ 50.50 through 50.57 shall:

            1.   Pay a fine of $500;

            2.   Pay for and provide receipts evidencing all costs related to the clean-up and proper disposal of the infectious waste, hazardous waste and/or solid waste related to the violation; or reimburse the authorized enforcement agents for all costs related to any clean-ups carried out by the authorized agents; and

            3.   Provide receipts evidencing one year of contracted trash disposal service by a licensed waste hauler.

         (b)   Any person whose acts constitute a Class B violation of §§ 50.50 through 50.57 shall:

            1.   a.   Pay for and provide receipts evidencing all costs related to the clean-up of solid waste and proper disposal of solid waste related to the violation; or

               b.   Reimburse the authorized enforcement agents for all costs related to the clean-ups carried out by the authorized enforcement agents.

            2.   Provide receipts evidencing one year of contracted trash disposal service by a licensed waste hauler.

         (c)   Any person whose acts constitute a Class C violation of §§ 50.50 through 50.57 shall pay for and provide receipts evidencing all costs related to the clean-up of solid waste and proper disposal of solid waste related to the violation; or reimburse the authorized enforcement agents for all costs related to the clean-ups carried out by the authorized enforcement agents.

      (3)   Upon conviction or admission of any violation of §§ 50.50 through 50.57 in the County Circuit Court, or any successor court, the violator shall be deemed guilty and subject to the following penalties:

         (a)   Any person who commits a Class A violation of §§ 50.50 through 50.57 shall be fined a sum of not less than $500 and not greater than $2,500 per violation;

         (b)   Any person who commits a Class B violation of §§ 50.50 through 50.57 shall be fined a sum of not less than $500 and not greater than $1,000 per violation.

         (c)   Any person who commits a Class C violation of §§ 50.50 through 50.57 shall be fined a sum of not less than $500 and not greater than $500 per violation.

      (4)   Any person found to be in violation of any provision of §§ 50.50 through 50.57 shall, in addition to any fines as set forth above, be assessed all costs and expenses of the investigation, clean-up and removal of solid waste connected with the violation, and shall, in addition, be liable for all reasonable attorney fees and costs incurred by the county or district in the enforcement of §§ 50.50 through 50.57.

      (5)   Collection of money under any section of §§ 50.50 through 50.57 shall constitute collection of money owed the unit pursuant to I.C. 36-1-4-17.

(Ord. 1979-1, passed 1-5-1979; Ord. C-92-3, passed 4-4-1992; Ord. O-C-94-6, passed 12-27-1994; Ord. O-C-97-1, passed 3-3-1997)