(2) Any person, firm, or corporation who shall violate any provision of §§ 94.01 through 94.06 shall be subject to penalty as hereinafter prescribed in this section. On being found to have violated the provisions of §§ 94.01 through 94.06, the violator shall be punished by a fine or not more than $2,500. Each day after the expiration of the time limit for abating any violation or completing other actions as ordered by the County Health Department, or by the duly appointed Health Officer of the county, shall constitute a distinct and separate offense.
(Ord. 94-17-CM, passed 6-20-94)
(C) The Department has determined that one of the most efficient methods of encouraging compliance with ordinances to protect the public health is to assess civil penalties (fines) for violators of laws intended to suppress disease and minimize health risks. For purposes of tracking violations and imposing fines under §§ 94.01 through 94.09 the Department shall maintain inspection records for not less than one year from the date of any inspection conducted consistent with §§ 94.01 through 94.09. No fine is payable the first time a violation is noted within any one-year period. For a second or subsequent violation of §§ 94.01 through 94.09 within any one-year period, a civil penalty is payable as provided in §§ 94.01 through 94.09.
(a) The second time the same violation is determined within any one-year period, there will be a fine of $50.
(b) The third (and subsequent) time the same violation is determined within any one-year period, there will be a fine of $100.
(2) Each day after the expiration of the time limit for abating any violation of §§ 94.01 through 94.09 or completing other actions as ordered by the Tippecanoe County Health Department or the Health Officer, shall constitute a distinct and separate offense; provided that, the total of all fines imposed for a continuing violation of §§ 94.01 through 94.09 shall not exceed the total sum of $10,000.
(3) All fines shall be payable in full within 30 days of assessment, unless otherwise ordered by the Health Officer. Failure to pay fines by the due date will result in an additional 10% late fee. Any fines and late fees may be collected in any manner provided herein or as provided by law including any law for collection of debts, along with attorney fees incurred to collect said amounts owing and with all costs of collection.
(4) Any assessment of a civil penalty by §§ 94.01 through 94.09 is subject to the right of appeal and a public hearing which will be scheduled, conducted, and concluded as provided in §§ 94.01 through 94.09. Any request for an appeal shall be filed in writing with the Health Officer within ten days of assessment of the civil penalty.
(Am. ord. 2019-11-CM, passed 4-1-19)