(a) The owner or owners of any building or premises or part thereof where anything in violation of this Code shall be placed or shall exist, and any tenant or occupant of such building or premises, and any architect, building or contractor who shall assist in the commission of any such violation, and any person who shall violate any of the provisions of this Code or fail to comply therewith shall for each violation or non-compliance be deemed guilty of a misdemeanor and upon conviction thereof, be fined not less than one hundred and fifty dollars. ($150.00) or more than five hundred dollars ($500.00). Each day such violation or failure to comply shall exist shall constitute a separate offense.
(b) In case any building is, or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is or is proposed to be used in violation of this Code, Council, the Mayor, the Law Director, the Building Commissioner, or any adjacent or neighboring property owner who would be especially damaged by such violation in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(c) For any violations of the Subdivision Regulations, the penalty shall be as follows:
(1) Whoever willfully violates any rules or provision of these regulations or fails to comply with any order pursuant thereto, shall forfeit and pay not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000). Such sum may be recovered with costs, in a civil action brought in the Court of Common Pleas of the County in which the land lies by a legal representative of the Municipality, in the name of the Municipality and for the use there of.
(2) A County Recorder who records a plat contrary to the provisions of these regulations shall forfeit and pay not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00), to be recovered with costs in a civil action by the legal representative in the name of, and for the use of the City.
(3) Any person, whether he be the owner or agent of the owner, who transfers any sublet, parcel or tract of such land from or in accordance with a plat of a subdivision before such plat has been recorded in the office of the County Recorder, shall forfeit and pay the sum of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each sublet, parcel or tract of land so sold. The description of such sublot, parcel or tract by metes and bounds in the deed or transfer shall not serve to exempt the seller from the forfeiture provided in this Section.
(4) Any person who disposes of, or offers for sale or lease, for a time exceeding five years, any lot, or any part of a lot in a subdivision with intent to violate the provisions of these regulations, shall forfeit and pay the sum of not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each lot or part of a lot sold, offered for sale or leased, to be recovered with costs in a civil action; in the name of the City for use of the city.
(d) Any person, firm or corporation found guilty of a violation of any of the provisions or requirements of these development regulations shall for a first offense be fined in any sum not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) and for a second or subsequent offense, not less than five hundred dollars ($500.00), nor more than one thousand dollars ($1,000), or shall be imprisoned for a period not to exceed 6 months, or both such fine and imprisonment.
(e) Subsection (a) and (b) hereof apply to violations of these development regulations where a specific penalty is not prescribed herein. Subsection (e) and (d) hereof prescribe specific penalty for violations of the subdivision and landfill regulations.
(Ord. 173-2000. Passed 12-17-00.)