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(A) In the event of an violation of this chapter or any special use permit issued pursuant to this chapter, the county may impose and collect, and the holder of the special use permit for wireless telecommunications facilities shall pay to the county, fines or penalties as set forth below.
(B) Any violation of this chapter shall be subject to being enjoined by circuit court upon application thereto, and any costs incurred by the county or any person seeking such injunctive relief may be recovered from the violating party.
(C) Any violation of this section shall also be punishable as a Class A misdemeanor under Kentucky law (a fine of up to $500 dollars and up to one year in jail). However, for each week’s continued violation shall constitute a separate additional violation.
(D) Notwithstanding anything in this chapter, the holder of the special use permit for wireless telecommunication facilities may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this chapter or any section of this chapter. An attempt to do so shall subject the holder of the special use permit to termination and revocation of the special use permit. The county may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the county.
(Ord. 2001-0007, passed 10-8-01)