§ 150.999 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)   (1)   If any person, firm or corporation shall violate any of the provisions of §§ 150.001 through 150.024, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Commissioner, or shall fail, neglect or refuse to obey any lawful order given by the Building Commissioner in connection with the provisions of §§ 150.001 through 150.024 for each such violation, failure or refusal, such person, firm or corporation may be fined up to and including the maximum penalty prescribed by state statute. Each day of such unlawful activity as is prohibited by the first sentence of this section shall constitute a separate offense.
      (2)   Any person who violates § 150.017 may be subject to a fine equal to $1 per square foot. The total square foot of the building occupied in violation of § 150.017 shall be the basis for calculating the fine. The fine shall not exceed $2,500 per day. Each day the violation continues shall constitute a separate offense.
      (3)   Any person who violates § 150.019 may be subject to a fine of $25. Each day the violation continues shall constitute a separate offense.
   (C)   (1)   No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of §§ 150.050 through 150.058 or any order issued by the Building Commissioner.
      (2)   Any person violating the provisions of §§ 150.050 through 150.058 or I.C. 36-7-9-28 shall commit a Class C infraction for each day such violation continues.
(1991 Draft Code, § 7-43)
   (D)   (1)   Failure to comply. Each day of noncompliance with the provisions of §§ 150.070 through 150.074 constitutes a separate and distinct ordinance violation. Judgment of up to $2,500 per day may be entered for a violation of §§ 150.070 through 150.074.
      (2)   Subject to removal. A home, sited upon property in violation of §§ 150.070 through 150.074, shall be subject to removal from such property. However, the home owner 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)   Removal method. 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.
(1991 Draft Code, § 7-55)
   (E)   Any person, business, corporation, agent or employee, who shall hereafter make any cut, excavation or undermining as provided herein without first complying with the requirements of §§ 150.105 through 150.107 as to the posting of said bond and the obtaining of said permit, shall be guilty of an ordinance violation and subject to a fine in the amount of not less than $1 or more than $25 upon conviction.
(1991 Draft Code, § 7-66)
   (F)   Any person, firm or corporation violating §§ 150.120 and 150.121 or any part thereof shall be guilty of an ordinance violation and upon conviction shall be fined in any sum not exceeding $10. Provided, however, that whenever any police officer shall find that any person has violated any provision of §§ 150.120 and 150.121, such officer shall notify such person by delivering to such person a written notice stating the name of such person, the specific violation, the date of such violation. Such notice shall be prepared in triplicate. One copy shall be served on the violator; one copy shall be filed with the Clerk-Treasurer; and one copy shall be retained by the officer. The copy served on the violator shall state in substance that the violator or his or her representative must appear at the office of the Clerk-Treasurer within 72 hours of 4:00 p.m. following the service of said notice and have the privilege of paying the sum of $2 in compromise and settlement of the penalty for the violation charged in said notice. The Clerk-Treasurer is authorized to accept on behalf of the town any such offer to pay and settle such penalty pursuant to §§ 150.120 and 150.121. Such acceptance shall be effected by issuing to such violator a receipt for the payment of the sum of $2 within the time stated in the notice, such failure shall be deemed a rejection on the part of the violator of the privilege to compromise and settle the claim of the town in payment of the penalty as provided herein; and the Town Attorney shall prepare the necessary papers and proceeds against said violator on behalf of the town for the violation of §§ 150.120 and 150.121 in the manner provided by law.
(1991 Draft Code, § 7-87)
(Ord. 11, 1949, passed 4-11-1949; Ord. 3-75, passed 10-27-1975; Res. 3-75, passed 10-27-1975; Ord. 12-77, passed 12-27-1977; Ord. 4-1982, passed 11-22-1982; Ord. 3-83, passed 7-11-1983; Ord. 02-2010, passed 3-8-2010)