(A) General penalty. Any person, firm, or corporation who violates any provision of this code for which another penalty is not specifically provided shall, upon conviction, be subject to a fine not exceeding $2,500. A separate offense shall be deemed committed upon each day during which a violation occurs or continues.
(B) Actions; alternative remedies. Any person violating any of the provisions of this code shall be guilty of a code violation. Each day a violation of this code is committed or permitted to continue shall constitute a separate offense.
(1) Any violations of this code may be enforced by an action brought in accordance with I.C. 34-28-5 and judgment sought against any violator for a fine. The fines shall continue to increase for each repeat offense but shall not be more than the maximum fine herein for each offense.
(2) The Board of Public Works and Safety is authorized to amend the fine schedules set out in Chapter 34 as deemed necessary, from time to time.
(Ord. 48, 1992, passed 12-28-1992; Am. Ord. 19, 2008, passed 9-8-2008)
(3) The city may bring a civil action to enjoin any person from:
(a) Violating any code provision regulating or prohibiting a condition or use of property; or
(b) Engaging in conduct without a license if a code provision requires a license to engage in the conduct.
(4) The court may suspend all or any part of a penalty imposed for a code violation and may require as a condition of that suspension that the defendant shall perform uncompensated work that benefits the community.
(1987 Code, § 1-9)
(C) Litigation expenses recoverable when city prevails. The city acknowledges that it may be necessary, from time to time, to file a lawsuit to compel the performance of or recover for the violation of any of its ordinances, as are currently in force or as may hereinafter be enacted. In the event that the city shall bring suit to compel performance of or to recover damages or penalties for the violation of its ordinances, and the city shall prevail, it shall be entitled to recover from the violator the following:
(1) Fines and penalties or other money damage judgments awarded by the court;
(2) All attorney’s fees incurred in the prosecution of the violator and enforcement of its ordinance;
(3) The costs of the action;
(4) Travel expenses that are incurred by the city in relation to:
(a) Having an employee or agent of the city file documents and attend court proceedings related to the recovery of a judgment;
(b) Providing witnesses to testify in court proceedings related to the recovery of a judgment; or
(c) Investigation of the violation.
(5) A reasonable amount to compensate the city for time used to:
(a) File documents and attend court proceedings related to the recovery or a judgment; or
(b) Travel to and from activities described in division (C)(5)(a).
(6) Actual direct and indirect expenses incurred by the city to compensate employees and agents for time used to:
(a) File documents and attend court proceedings related to the recovery or a judgment; or
(b) Travel to and from activities described in division (C)(6)(a).
(7) Other litigation costs, including, but not limited to:
(a) Courier or messenger services;
(b) Recording and certifying docu-ments;
(c) Depositions and transcripts;
(d) Expert witness fees;
(e) Witness attendance fees;
(f) Copying materials and documents;
(g) Legal assistant, paralegal, and clerical staff time; and
(h) Postage.
(8) All other reasonable costs of collection.
(1987 Code, § 1-9.1) (Ord. 4, 1992, passed 2-10-1992)
(D) Fines and license fines. Whenever in §§ 10.17 or 10.18 above, or in this code, an act is prohibited or is made or declared to be unlawful or an offense, or whenever in that ordinance or in this code the doing of any act is required or the failure to do any act is declared to be unlawful, the violation of any such provision of the ordinance or of this code shall be punished by a fine not exceeding $2,500. The fine assessed for the violation of any ordinance requiring a license may be a sum equal to the amount required by the ordinance to be paid for that license, unless otherwise provided.
(1987 Code, § 1-14) (Ord. 31, 1987, passed 1-4-1988)
(E) Abatement of public nuisance. In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be by the city abated as provided by law, and each day that condition shall continue is to be regarded as a new and separate offense.
(1987 Code, § 1-15) (Ord. 31, 1987, passed 1-4-1988)
Statutory reference:
Power to prescribe fines up to $2,500, see I.C. 36-1-3-8(a)(10)