(A) (1) Any person adjudged guilty of violating any provision of the code that does not prescribe a different penalty shall be fined $50 and may also be required to pay the costs of prosecution of such violation.
(2) Any person adjudged guilty of violating the following provisions of this code shall be fined the sum of $100, and proper reference of this fine shall also be made in the applicable section of the code, to wit:
Operating as a private hauler of refuse without receiving approval from the Board of Sanitary Commissioners or complying with both provisions of § 52.008 | |
Open burning of refuse without approval | |
Operating a train at a speed greater than 40 mph within the city limits | |
Failing to maintain a railroad crossing | |
Operating a railroad crossing without properly working flashers | |
Offensive industries (stockyard, fertilizer plants, slaughterhouse) within 1/4 mile of a residence, church, factory, schoolhouse or other public place or within 500 feet of a public road | |
Possessing live swine within the city | |
Storage of machinery or junk vehicles on a premises or property | |
Creating a dense smoke nuisance | |
Interfering with Fire Chief in his or her efforts to enforce smoke nuisance | |
Constructing furnace without permit | |
Operating soft coal furnace in non-residential structure in a manner not designed to reduce black smoke emissions | |
Operating a stoking furnace in a manner not designed to reduce black smoke emission | |
Cruelty to animals in park, capturing animals in park, allowing animals to run at large in city park, unauthorized riding of a horse in city park | |
Bringing or landing an aviation device within a city park | |
Unauthorized construction work in a city park | |
Damaging park property or plants | |
Starting a fire in a city park other than in designated areas | |
Falsely reporting a fire | |
Discharging fireworks within the city limits | |
Placing a refrigerator upright in a place accessible to children without removing the doors from the refrigerator prior to its placement | |
Obstructing a fire hydrant; opening a fire hydrant without authorization, tampering with fire equipment | |
Failing to maintain the exterior of a structure | |
Occupying (or causing to be occupied) a dwelling with improper sanitation facilities | |
Occupying (or causing to be occupied) a dwelling with insufficient heating facilities | |
Occupying (or causing to be occupied) a dwelling with insufficient lighting, ventilation or electrical facilities | |
Failing to otherwise maintain or care for a structure | |
Occupying (or causing to be occupied) a dwelling with insufficient living space and/or proper ingress and egress | |
Failing to maintain the neighborhood environment | |
Removal of a placard from a rooming house | |
Operating a mobile home park or constructing a mobile home in a manner not conforming to the provisions of Ch. 154 | |
Taxiing an aircraft in an improper manner | |
Improperly handling or operating an aircraft | |
Failing to remove an aircraft from the airport | |
Damaging a light or fixture at the airport | |
Improper use of flammable liquids at the airport | |
Improper fueling of an aircraft | |
Repair of an aircraft by a person other than a qualified mechanic | |
Interfering with an aircraft without permission of the owner | |
Failing to report an accident at the airport to the airport manager | |
Improper acts by lessees at the airport (i.e., altering structures, failing to maintain bulletin board for FAA notices) | |
Obstructing a city street | |
Selling of merchandise on a sidewalk without approval from Board of Works | |
Constructing an awning or other overhang without approval from the Board of Works | |
Constructing a gate that swings over the sidewalk | |
Driving on a street under repair | |
Constructing a barbed wire fence at a height in which pedestrians may come into contact with such fence (along street or sidewalk) | |
Discharging a downspout or conductor pipe upon an improved sidewalk | |
Damaging a city sidewalk | |
Operating a portable engine on a city street without obtaining a permit from the City Engineer | |
Constructing a driveway or other highway access without obtaining approval from the Board of Works | |
Transferring parcels in subdivision without receiving subdivision approval | |
(3) Each act of violation and every day upon which a violation occurs constitutes a separate offense. In addition to any fines or other penalties, that may be assessable, any person, corporation or entity violating any provisions of the city code, other ordinances, contracts, rules or regulations of the city, its boards, departments, agencies or commissions, shall become liable to the city for any expenses, loss or damage caused to the city by reason of such violation including, but not limited to, any corrective, clean-up, evacuation, administrative or other expenses, including legal, investigative and engineering expenses, and labor and overtime costs.
(4) The penalties provided by this section ($50 and $100) apply to the amendment of any section of this code or any code adopted herein by reference whether or not such penalty is reenacted in the amendatory ordinance.
(5) Reference to any section of this code shall be understood to also refer to and include the penalty section relating thereto, unless otherwise expressly provided.
(6) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject such officer or employee to the penalty imposed for violation of this code, unless a penalty is specifically provided.
(7) The following sections of the prior code shall be eliminated, with summary reference to their topics shown included herein, to wit:
70.22 | Propelling a pushcart or riding an animal in a manner not conforming with the provisions of the city’s Traffic Code |
70.26 | Failing to file a written report of accident involving more than $200 to person(s) or property |
95.21 | Playing a game or sport in an inadequate place within a city park |
95.22 | Using a kite in an unauthorized place within a city park |
111.01— 111.03 | Operating a carnival, circus or shooting gallery without obtaining a business license for such activity |
111.13— 111.20 | Operating a dance hall in a manner not conforming with the provisions of §§ 111.13 through 111.20 |
114.01— 114.05 | Conducting a jewelry auction in a manner not conforming with the provisions of §§ 114.01 through 114.05 |
151.26 | Failing to obtain a rooming house license |
(Prior Code, § 10.98)
(B) (1) An action to enforce this code shall be brought in the name of the city. The city need not prove that it or the code provision is valid unless validity is controverted by affidavit.
(I.C. 34-28-5-1(b))
(2) Actions shall be conducted in accordance with the Indiana Rules of Trial Procedure and must be brought within two years after the alleged conduct or violation occurred.
(3) The city must prove the commission of a code violation by a preponderance of the evidence.
(4) Whenever a Code Enforcement Officer believes in good faith that a person has committed a code violation, said officer may detain that person for a time sufficient to:
(a) Inform the person of the allegation; and
(b) Obtain the person’s:
1. Name, address and date of birth; or
2. Driver’s license, if in his or her possession.
(I.C. 34-28-5-3)
(5) A person who knowingly or intentionally refuses to provide either the following to a Code Enforcement Officer who has stopped the person for a code violation commits a Class C misdemeanor:
(a) Name, address and date of birth; or
(b) Driver’s license, if in his or her possession.
(I.C. 34-28-5-3.5)
(6) A judgment, including the fine and costs incurred by the city in obtaining compliance with this code up to the amount requested in the complaint, but not exceeding $2,500, may be entered for violation of this code.
(I.C. 34-28-5-4)
(7) Any person who admits violating a provision of this code or who is adjudged by a court to be in violation of this code shall be fined $50 unless the code sets forth a lesser or larger fine for the specific violation.
(8) (a) A fine is payable to the City Clerk, 50 North Fifth Street, Richmond, Indiana, within 14 days of the date appearing on the notice of violation.
(b) Failure to pay the fine or advise the City Law Department in writing, 50 North Fifth Street, Richmond, Indiana, of one’s denial of the violation and request for trial before the county’s Superior Court Number Three, Small Claims Division, within 14 days of the date appearing on the notice of violation shall result in a late fee of $10 being added to the fine.
(9) (a) If a condition violating this code exists on real property, enforcement officers of the city may enter onto that property and take appropriate action to bring the property into compliance with this code. However, before action to bring compliance may be taken, all persons holding a substantial interest in the property must be given a reasonable opportunity to bring the property into compliance.
(b) If action to bring compliance is taken by the city, the expense involved may be made a lien against the property.
(10) The city may bring a civil action to enjoin any person from:
(a) Violating a provision of this code regulating or prohibiting a condition or use of property; or
(b) Engaging in conduct without a license if a provision of this code requires a license to engage in the conduct.
(I.C. 36-1-6-4)
(11) The city’s Advisory Plan Commission or any designated enforcement officer may invoke any legal, equitable or special remedy for the enforcement of Chapter 165 of this code of ordinances in addition to the other enforcement provisions set forth in this division (B).
(12) The penalty provided by division (B)(7) above applies to the amendment of any section of this code whether or not such penalty is reenacted in the amendatory ordinance.
(13) Reference to any section of this code shall be understood also to refer to and include the penalty section relating thereto unless otherwise expressly provided.
(14) The failure of any officer or employee of the city to perform any official duty imposed by this code shall not subject such officer or employee to the penalty imposed by division (B)(7) above unless a penalty is specifically provided elsewhere in this code.
(Prior Code, § 10.99)
(Ord. 89-1981, passed - -1981; Ord. ????-1995, passed - -1995)