(A) Where an act or omission is prohibited or declared unlawful in this code of ordinances, and no criminal penalty of fine or imprisonment is otherwise provided, the offender shall be deemed guilty of a violation and shall be fined not more than $250 for each offense or violation.
(B) Except as provided in § 10.99 (C) below or Chapter 41, where an act or omission is prohibited or declared unlawful in this code of ordinances, and no civil penalty or civil action in the nature of debt is otherwise provided, the offender shall be deemed guilty of a civil violation and shall be liable for a civil penalty to be levied in the following manner:
(1) Citation for violation: Notice
(a) If any person is found to be in violation of any provision of the Code, except designated herein as not being subject to civil penalty, such person may be cited for the appropriate civil violation. The notice of civil penalty issued by the city for violation may be personally delivered by an officer of the police department or mailed to the last known address of the offender by certified mail, return receipt requested.
(b) The form of the notice of the violation shall be designated by the city, but shall contain in substance the following information:
(i) A statement that the notice represents a determination that a violation has been committed.
(ii) A statement of the specific violation for which the citation was issued.
(iii) A statement of the civil penalty established for the violation.
(c) Nothing herein shall be construed to prohibit separate criminal citations and assessment of criminal penalties as provided by KRS 83A.065(2) and KRS 83A.065(4).
(2) Response to notice
(a) Any person who receives notice of a violation of the Code shall respond to such notice as provided in this section within seven (7) days of the date of the notice by paying the civil penalty set forth in the notice.
(b) If the person cited for a violation has not responded to the notice within seven (7) days as provided in § 10.99 (B)(2)(a), the city shall send a second notice to the last known address of the violator. Any person who fails to pay the civil penalty within the seven (7) days shall be deemed to have refused to pay the civil penalty levied by the citation. The civil penalty may be collected from the offender by any and all remedies authorized by state law or other ordinances of the city.
(C) Violation of the following sections of the Code shall not be subject to civil penalty unless a civil penalty is specified therein:
(1) TITLE III: ADMINISTRATION
(3) TITLE IX GENERAL REGULATIONS, Chapter 95
(D) The civil penalty for violating the Code where no other civil penalty exists shall be a fine of Fifty Dollars ($50.00).
(E) Each day a violation of the Code continues shall be a separate and distinct offense and liable for separate civil penalties to be levied on a per diem basis.
(Ord. 1-1996, passed 3-4-96)
Editor's Note:
Ord. 8-1998, passed - -98, establishes a Code Enforcement Board and prescribes the method for enforcing most civil penalties. It did not repeal sections of existing ordinances establishing civil penalties.
Ord. 10-1998, passed 09-08-98, established civil penalties and Code Enforcement Board jurisdiction over 23 separate chapters of the Code. The provisions of this ordinance were incorporated in the Code sections as if amending the penalty sections of each referenced chapter.