(A) Any occupant or person as described herein found to be violating any provision of this chapter or any regulation incidental thereto shall be subject to a civil penalty of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) as set out in the schedule of penalties appearing on appendix a to the ordinance codified herein, which is incorporated herein by reference as though fully set out herein.
(1) Any notice of civil penalty issued by the city for violation of this chapter may be personally delivered by an officer of the Shively Police Department or may be mailed to the last known address of the offender by certified mail, return receipt requested. Should any person served notice for violation of this chapter not pay the penalty within 30 days of the issuance thereof, the city is empowered to bring an action in the appropriate court of the Commonwealth of Kentucky for enforcement of the penalty.
(2) Any occupant or person as described herein, upon receiving notice of a violation and civil penalty attached thereto, may appeal through the process described in § 50.10(B). The five day period shall begin upon receipt of notice of violation and penalty, and the 30 days for payment shall begin immediately upon rejection of the appeal.
(B) In addition to the civil penalties described in division (A) of this section, any occupant or person as described herein violating § 50.05(A) as applies to dumping, or §§ 50.06 through 50.09 may be charged in a criminal complaint and shall be guilty of a class a misdemeanor, and upon conviction thereof shall be liable to a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or imprisonment for not more than twelve (12) months, or to both such fine and imprisonment.
(C) Each day of a violation of this chapter shall constitute a separate and distinct violation.
(D) Violation of each single provision of this chapter shall constitute a separate and distinct violation.
(E) Any penalties levied and/or damages recovered under this chapter shall be in addition to any other remedies available under federal, state or local law, including the right to injunctive relief through the courts of the commonwealth.
(F) Any corporation convicted of an offense punishable under this chapter shall be subject to a fine as provided in KRS 534.050(2).
(G) This chapter shall be subject to enforcement by the Code Enforcement Board of the city.
(Ord. 1-2014, passed 2-3-14; Am. Ord. 8-2016, passed 9-19-16)