§ 151.999 PENALTY.

   (A)   Any person violating any provision of §§ 151.001 through 151.018 may be subject to a fine in any sum not exceeding $2,500. Each day of such violation shall constitute a separate violation subject to the fine hereinabove provided. The assessment of a monetary penalty shall, in no way, limit the operation of the penalties provided elsewhere in §§ 151.001 through 151.018.

   (B)   (1)   As provided in I.C. 36-7-9-7, and in §§ 151.030 through 151.034, the Hearing Authority, which affirms the order of the Enforcement Authority, may impose civil penalties in an amount of up to $5,000 where the Hearing Authority finds that there has been a willful failure to comply with the order.

      (2)   As provided in I.C. 36-7-9-19, civil penalties may be imposed by a court acting under I.C. 36-7-9-17 against any person if the conditions of I.C. 36-7-9-18 are met, in an amount not to exceed $5,000.

      (3)   In addition, as provided in I.C. 36-7-9-28, a person who shall do any of the following commits a Class C infraction. Each day that the violation continues constitutes a separate offense.

         (a)   Remains in, uses, or enters a building in violation of an order made in §§ 151.030 through 151.034.

(I.C. 36-7-9)

         (b)   Knowingly interferes with, or delays the carrying out of, an order made under §§ 151.030 through 151.034.

(I.C. 36-7-9)

         (c)   Knowingly obstructs, damages, or interferes with person engaged on property used in performing any work or duty under §§ 151.030 through 151.034.

(I.C. 36-7-9)

         (d)   Fails to comply with I.C. 36-7-9-27.

      (4)    Should any section, paragraph, sentence, clause, or phrase of §§ 151.030 through 151.034 be declared unconstitutional or invalid for any reasons, the remainder of said §§ 151.030 through 151.034 shall not be affected thereby.

   (C)   (1)   If, after the second site inspection, continued non-compliance of §§ 151.045 through 151.054, is found, the County Board of Commissioners or its designated representative will issue a non-compliance citation to the owner of the site. The civil penalty for the citation will be no less than $100, and no more than $1,000. If the penalty is not paid within 30 calendar days after the citation has been issued, a lawsuit concerning the citation will be filed against the owner of the site in the County Circuit Court (Small Claims Division), and any penalty imposed by the court shall include court costs and a reasonable attorney’s fees.

      (2)   If it is necessary for the county to contract to have the recommended corrective measures completed as a result of a violation of this subchapter, the owner of the site shall, following written notice, pay the cost of any such work performed within ten days from the date of such notice. If the owner of the site does not pay the cost of such work, within ten days from the date of written notice to pay, the county shall pay the contractor who performed the work, and all costs incurred by the county shall be entered on the tax duplicate for the property on which the non-compliance site is located, and the total amount of liability shall be subject to interest, penalty, and collection in the same manner as all other special assessments.

      (3)   In addition, as provided in I.C. 36-7-9-28, a person who shall do any of the following commits a Class C infraction. Each day that the violation continues constitutes a separate offense:

         (a)   Remains in, uses, or enters a building in violation of an order made in §§ 151.030 through 151.034;

(I.C. 36-7-9-28)

         (b)   Knowingly interferes with, or delays the carrying out of, an order made under §§ 151.030 through 151.034; and/or

(I.C. 36-7-9-28)

         (c)   Knowingly obstructs, damages, or interferes with person engaged on property used in performing any work or duty under §§ 151.030 through 151.034.

(I.C. 36-7-9-28)

   (D)   (1)   Whenever any individual or corporation is found to be in violation of §§ 151.065 through 151.070, an inspection fee will be required to cover the costs of enforcing §§ 151.065 through 151.070. This fee shall be $100 per day per violation of each section of §§ 151.065 through 151.070. This fee is due and payable upon notification by the County Highway Department, County Highway Engineering Department, or County Commissioners. Failure to pay the fee within 14 days of notification will result in the withholding of all future permits to the individual or corporation, and immediate submittal of the violation to the County Prosecutor for a judgment in accordance with state code. At the discretion of the County Highway Engineer or Board of Commissioners, this fee may be waived for an initial violation of §§ 151.065 through 151.070; provided, the violator immediately corrects his or her violation. Appeal of this fee may be made to the County Board of Commissioners at their regularly scheduled meeting. If a formal appeal is made through the County Highway Department, the fee amount due will not be required to be paid until the County Board of Commissioners have acted upon the appeal.

      (2)   A person who violates §§ 151.065 through 151.070 commits an ordinance violation. When a violation occurs, the contractor, company, or individual performing the work and the owner of the facilities being installed or construction shall be held in violation, either jointly or separately. Each section violated, and each day for which the violation remains, shall be separate violation. A judgment of up to $2,500 and restitution of all damages shall be entered against a person who violates §§ 151.065 through 151.070 per violation per day.

(Ord. 1999-01, passed 1-4-1999; Ord. 1999-09, passed 6-15-1999; Ord. 2006-1, passed 1-17-2006; Ord. 2013-02, passed 3-5-2013)