Any person who fails to comply with any or all of the requirements or provisions of this article or direction of the Floodplain Administrator or any other authorized employee of the community shall be guilty of an offense and, upon conviction, shall pay a fine to City of Ripley of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) plus cost of prosecution. Cost of prosecution shall include, but not be limited to court costs, jury fees, and actual attorney fees incurred by the City. In default of such payment such person shall be imprisoned in County Prison for a period not exceed 10 days. Each day during which any violation of this article continues shall constitute a separate offense. In addition to the above penalties all other actions are hereby reserved including an action in equity for the proper enforcement of this article. The imposition of a fine or penalty for any violation of, or non-compliance with, this article shall not excuse the violation or noncompliance with this article or permit it to continue; and all such persons shall be required to correct or remedy such violations or noncompliances within a reasonable time. Any structure constructed, reconstructed, enlarged, altered or relocated in non-compliance with this article may be declared by City of Ripley to be a public nuisance and abatable as such, including but not limited to enforcement or injunctive proceedings in the Circuit Court of Jackson County, West Virginia. (1-6-04)
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