(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.
(1) If the owner cuts, mows and removes the offending vegetation and agrees to enter a plea of guilty to the ordinance violation before the initial hearing, the owner shall be assessed a fine of $50, provided this is the owner’s first offense for violation of §§ 92.01 through 92.10. The following fines shall apply for subsequent violations under the circumstances set forth in this division (B)(1):
(a) Second violation: minimum $100, not to exceed $250;
(b) Third violation: minimum $250, not to exceed $500; and
(c) Fourth and subsequent violations: minimum $500, not to exceed $2,500.
(2) If the owner fails to appear and the town takes a default judgment against the owner, the monetary fine for the first violation shall be $150. The following monetary fines shall apply for each subsequent violation under this division (B)(2):
(a) Second citation: minimum $250, not to exceed $500; and
(b) Third and subsequent violations: minimum $500, not to exceed $2,500.
(3) If the ordinance violation case is tried and the owner is found to have violated the ordinance, the monetary fine shall be not less than $500.
(4) Where a violation of §§ 92.01 through 92.10 is proven in a court of competent jurisdiction, the costs, including all court costs and attorneys’ fees relating to such proof, shall be recoverable from the violator in addition to any other fine, abatement or equitable relief imposed by the court, and a lien against the violator’s property may be imposed for failure to pay the fines, costs, and/or attorneys’ fees.
(Ord. 4-80, passed 5-12-1980; Ord. 01-2002, passed 2-11-2002; Ord. 11-2012, passed 7-9-2012)
Statutory reference:
Authorizing the town to charge for the removal of weeds and rank vegetation, and have the same collected as taxes, see I.C. 36-7-10-3