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The owner or any person acting for the owner who assists in the violation of this chapter, shall each be guilty of a separate offense and upon conviction, punished as provided below.
(A) Any violation of the provisions of this chapter, other than those specified in division (B) below, shall be deemed a misdemeanor and shall be punishable by a fine of not less than $10 nor more than $1,000. Each day such violation exists shall constitute a separate offense.
(B) (1) A violation of provisions identified in division (B)(3) below shall be deemed an infraction and shall be punishable by a civil penalty consisting of a fine of $200 for the initial summons and not more than $500 for each additional summons. Each day such violation exists shall constitute a separate offense. However, in no event shall violations arising from the same set of facts be charged more frequently than once in any ten-day period, and in no event shall a series of violations arising from the same set of facts result in civil penalties which exceed a total of $5,000.
(2) Violations pursuant to this division (B) shall be in lieu of criminal penalties unless the violation resulted in injury to any person or persons, in which case the Land Use Administrator may seek prosecution of a violation as a criminal misdemeanor as provided for by division (A) above. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal conviction for any purpose. The remedies provided for in this section shall be in addition to any other remedies provided by law.
(3) (a) Violation of the following provisions of this chapter shall be deemed an infraction punishable by civil penalties:
1. Modification of the resource protection area (RPA);
2. Placement and nature of fences and walls;
3. Keeping of an excessive number of commonly accepted domesticated animals;
4. Keeping of farm and non-domesticated animals in residential zoning districts;
5. Locational requirements for accessory uses;
6. Home occupations;
7. Maintenance of sight triangles;
8. Posting and maintenance of signs on private property;
9. Adequate lighting;
10. Keeping of inoperative motor vehicles; and/or
11. On-site sewage disposal system pump-out requirements.
(b) No ordinance provision to which this division (B)(3) relates shall allow the imposition of civil penalties for the enforcement of the Uniform Statewide Building Code, land development activities relating to the construction or repair of buildings and structures, or erosion and sediment control violations.
(Ord. passed 11-9-1995; Ord. passed 11-8-2007)