§ 116.99 PENALTY.
   (A)   Any violation of any provision herein is hereby classified as a civil offense pursuant to KRS 65.8808 and KRS 65.60 et seq. and such classification is intended, and shall be construed, to provide an additional or supplemental means of obtaining compliance with the provisions herein, and nothing contained herein, or in KRS 65.60 et seq. shall prohibit the enforcement of the provisions herein by any other means authorized by law, specifically, without limitation, the provisions or division (B) herein.
      (1)   If a citation for a violation of any provision herein is not contested by the person charged with the violation and the violation is timely remedied, the civil fine to be imposed for each offense shall be $50 for the first offense, $90 for the second offense, and $210 for the third and thereafter, offense.
      (2)   If a citation is contested and a hearing before the Code Enforcement Board is required, or if the violation is not remedied, the maximum civil fine which may be imposed at the discretion of the Board shall be from $20 to $200 for the first offense; from $60 to $600 for the second offense; and from $180 to $1,800 for the third, and thereafter, offense.
      (3)   Each section violated shall be considered a separate fineable offense. If two or more sections are violated, the fines shall be cumulative and be enforced under the same citation. Each day a violation exists shall be considered a separate offense without issuance of a separate citation.
   (B)   Any violation of a provision herein shall constitute a violation, punishable by a fine of up to $500 for each offense, to be prosecuted as all other municipal ordinance violations are prosecuted. Each day of each violation shall constitute a separate offense. However, nothing contained herein shall prohibit the city from enforcing any provision of this chapter by following the applicable state penalties set forth in KRS Chapters 241, 242, 243, and 244.
(Ord. 2005-03, passed 8-17-05; Am. Ord. 2005-0006, passed 9-12-05)