(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) Sections 50.20 through 50.23 shall be enforced by injunction of the Circuit Court upon proof of its violation by a mere preponderance of the evidence, and in addition, a violation of §§ 50.20 through 50.23 shall be punishable by a fine of not less than $100 nor more than $1,000 and each day’s violation shall constitute a separate offense.
(1983 Code, Ch. 41, § 3-41-5)
(C) Any person convicted of a violation of any of the provisions of §§ 50.01 through 50.09 shall be guilty of a misdemeanor, and, on conviction thereof, shall be subject to a fine of not more than $500 for a first offense; for a second offense a fine of not more than $1,000; and for a third and each subsequent offense by a fine of not more than $1,000, to which may be added imprisonment in the county jail for any determinate period not exceeding 90 days. Each day after the expiration of the time limit for abating insanitary conditions and completing improvements to abate such conditions as ordered by the County Board of Health, or by the County Health Officer, shall constitute a distinct, and separate offense.
(D) (1) The doing of any prohibited act or the omission of any required act governed by this §§ 50.50 through 50.55 is declared to be a violation of §§ 50.50 through 50.55. If a court of competent jurisdiction finds that a person has violated §§ 50.50 through 50.55, such person shall be fined in an amount not to exceed $2,500. The Health Officer shall request that the court enter a judgment for the amount of the fines imposed plus court costs, attorney fees, administrative costs and/or clean-up costs expended by the Health Officer in taking enforcement action.
(2) If a court of competent jurisdiction has found a person to be in violation of this §§ 50.50 through 50.55 and has ordered the person to clean up the subject real property but such violator fails or refuses to comply with the court's order, the Health Officer may clean-up the subject real property and request that the court increase the amount of the judgment by the amount required to reimburse the Health Officer for any and all reasonable costs and expenses associated with the clean-up. Such clean-up may be accomplished by a county department or agency and/or a private contractor. Any such department or agency or contractor which accomplishes the clean-up, in whole or in part, shall prepare an invoice itemizing the date(s) and the costs of the work performed, including labor, equipment and materials expended. If any scrap value can be realized, the same shall be itemized on the invoice and used to offset the costs of clean-up.
(3) The Health Officer shall also be entitled to seek an injunction or any other relief allowed by law through a court of competent jurisdiction for purposes of obtaining an order to abate the open dump condition and prohibiting further and future dumping.
(Ord. 1992-9-8, passed 9-8-1992; Ord. 2002-6-3, passed 6-3-2002)