(A) Generally.
(1) Any person, firm or corporation who violates this chapter shall be subject to a civil fine of not less than one hundred dollars ($100) per day but not to exceed one thousand eight hundred dollars ($1,800) per day per violation (see division (B) below) or the cost of the city to cause the temporary portable storage unit to be removed, or both. Each date that a violation of this chapter continues after due notice has been served in accordance with the terms of this code shall be deemed a separate offense.
(2) The city shall possess a lien on property for all fines, penalties, charges, attorney’s fees, and other reasonable costs associated with enforcing this ordinance and placing a lien on a parcel of real estate pursuant to this code. The lien shall be superior to and have priority over all other liens subsequently, except state, county, school board and city taxes.
(3) Any person(s) who violates this chapter shall be deemed guilty of a Class B misdemeanor.
(B) Violations classified as civil offenses with civil fines for violations.
(1) Any violation of a provision contained in this chapter is hereby classified as a civil offense, pursuant to KRS 65.8808 and city Ordinance 2003-5, and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with this chapter, and nothing contained herein or in Ordinance 2003-5 shall prohibit the enforcement of this chapter by any other means authorized by law.
(2) If a citation for a violation of a provision of this chapter is not contested by the person charged with the violation, the civil fine to be imposed for each offense shall be one hundred dollars ($100) for the first offense, two hundred dollars ($200) for the second offense and three hundred dollars ($300) for the third and thereafter offense.
(3) If a citation is contested and/or a hearing before the Code Enforcement Board is required, the maximum civil fine which may be imposed at the discretion of the Board shall be from twenty dollars ($20) to two hundred dollars ($200) for the first offense; from sixty dollars ($60) to six hundred dollars ($600) for the second offense; and from one hundred eighty dollars ($180) to one thousand eight hundred dollars ($1,800) for the third and thereafter offense.
(4) Each provision of this chapter shall be considered a separate fineable offense.
(Ord. 2007-03, passed 2-21-2007)