§ 150.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Each day of non-compliance with the provisions of §§ 150.01 through 150.06 of this code constitutes a separate and distinct ordinance violation. Judgment of up to $500 per day may be entered for a violation.

      (2)   A home, sited upon property in violation of §§ 150.01 through 150.06 of this code, shall be subject to removal from such property. However, the homeowner must be given a reasonable opportunity to bring the property into compliance before action for removal can be taken. If action finally is taken by the appropriate authority to bring compliance, the expenses involved may be made a lien against the property.

      (3)   The Plan Commission or its designated administrator may institute a suit in an appropriate court for injunctive relief to cause such violation to be prevented, abated or removed.

(Prior Code, §§ 6-2-6, 6-5-2)

   (C)   (1)   In the event that any person, persons, entity or entities of whatsoever nature violate any provision of §§ 150.20 through 150.35 of this code, the town may take action in any court of proper jurisdiction in the county to obtain a mandatory injunction or other relief to require such person, persons, entity or entities to correct the unlawful conditions and to request any other temporary and preliminary injunctive relief to protect persons and property and further, may request final orders requiring the structure or building to be removed, sold or other relief which is proper under the circumstances.

(Prior Code, § 6-3-12)

      (2)   In addition to applying for any injunctive relief, the town may file ordinance violation charges against any person, persons, entity or entities violating §§ 150.20 through 150.35 of this code, and for each unsafe building condition violation, such person, persons, entity or entities shall be fined $25 for each violation.

(Prior Code, §§ 6-3-13, 6-5-3)

      (3)   In the event that the town files ordinance violation charges or seeks injunctive or other relief before any court, then upon any determination in favor of the town, the town shall be further entitled to recover and have judgment against any person, persons, entity or entities violating this subchapter for the town’s reasonable attorneys’ fees incurred in prosecuting any of the actions therein, provided however, that the attorneys’ fees and penalty for each violation shall not exceed $2,500 in amount.

(Prior Code, § 6-3-14)

(Ord. 86-6-1A, passed - -)