1339.99  PENALTY.
   (a)    Enforcement.  Penalties are provided in subsection (c) hereof for failure to comply with the provisions of the Zoning Ordinance or rules and regulations adopted pursuant to its provisions. Any buildings erected, razed or converted, or land or premises used in violation of any provision of the Zoning Ordinance shall be common nuisances and the owner of the building, land or premises shall be liable for maintaining a common nuisance.
   (b)    Injunction.  The Planning Commission, the Board of Zoning Appeals or the Zoning Official may seek an injunction in the circuit court of Mercer County to restrain a person or unit of government from violating the provisions of the Zoning Ordinance or any rule or regulation adopted pursuant hereto. The Planning Commission, the Board of Zoning Appeals or the Zoning Official may also seek a mandatory injunction in the circuit court directing a person or unit of government to remove a structure erected in violation of the provisions of the Zoning Ordinance or any amendment hereto. If the Planning Commission, the Board of Zoning Appeals or the Zoning Official is successful in any such suit, the respondent shall bear the cost of the action.
   (c)    Penalty.  Any person who violates any provision of the Zoning Ordinance shall be guilty of a misdemeanor, and upon conviction shall be fined not less than ten dollars ($10.00) nor more than three hundred dollars ($300.00). Whenever any person has been officially notified by the Zoning Official, or by service of a summons in a prosecution, or in any other official manner that he is committing a violation of these standards, each day that he continues such violation shall constitute a separate offense punishable in like fine or penalty. Such fines or penalties shall be collected as fines or penalties are now collected by law.
(12-17-79)