§ 90.99 PENALTY.

   (A)    Where there is a violation of any provisions of §§ 90.25 to 90.30, the village, at its discretion, may take one or more of the following enforcement actions.

      (1)   A police officer, noise control officer, or animal control officer may issue a citation, as provided in §§ 90.25 to 90.30, subjecting the violator to a $100 civil penalty, which penalty may provide for a $25 delinquency charge that may be recovered by the village in a civil action.

      (2)   A misdemeanor warrant may be issued, either immediately or upon the issuance of a citation and the violator’s failure to pay the same. Misdemeanors shall be punishable by a fine of up to $500 and/or imprisonment for up to 30 days. Upon the issuance of a criminal citation, the violator shall be taken before a magistrate to set an appearance bond.

(Prior Code, Ch. 7 § 708)

   (B)   (1)   Violation of § 90.45 shall be a Class 3 misdemeanor; and

      (2)   Violation of § 90.45 shall further subject the offender to a civil penalty of $250, in addition to such other equitable and injunctive relief as is otherwise authorized by this code of ordinances.

(Prior Code, Ch. 10 Art. IV § 4)

   (C)   In addition to the procedure set forth in §§ 90.60 to 90.66, this chapter may be enforced by one, all, or a combination of the remedies authorized or prescribed by this section, as follows.

      (1)   Violation of this chapter shall be a misdemeanor and shall be punishable by imprisonment not to exceed 60 days and by a fine not to exceed $500, or both.

      (2)   Violation of this chapter shall further subject the offender to a civil penalty in the sum of $100. Each day the violation continues shall be a separate and distinct offense and shall subject the offender to additional penalties of $100 per day until the violation ceases. This civil penalty may be recovered by the village in a civil action in the nature of a debt if the offender does not pay the penalty within 30 days after he or she has been cited for the violation of this chapter.

      (3)   This chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction, which remedies may include injunction and order of abatement, as provided by law.

      (4)   This chapter is further subject to enforcement under § 10.99.

(Prior Code, Ch. 10 Art. V § 8)

   (D)   Upon the issuance of a notice of violation or citation, the Village Manager may suspend any other permits or approvals issued to the violator, including the issuance of a stop-work order, until such time as the violation is cured and any civil penalty paid. An active appeal of the violation to the appropriate village authority shall operate as a stay of the suspension of the permits and approvals, unless the Village Manager determines that allowing the work to continue would constitute a danger to health, life, safety, or property.

   (E)   In the event there is an outstanding penalty amount or unresolved violation of this chapter, the village may require the violation to be remedied as a condition for the issuance of any subsequent permit or approval.

(Res. R-2023.3, passed 7-18-2023)