§ 95.99 PENALTY.
   (A)   Any person who violates any provision of this chapter shall be subject to a civil penalty of $100 for the first violation in any calendar year, with the second violation during any calendar year carrying a civil penalty of $250, and the third and subsequent violations during any calendar year carrying a civil penalty of $500.
   (B)   A court of law may assess additional civil penalties of up to $5,000 against the owner for non- compliance.
   (C)   (1)   If a judgment is entered against a defendant in an action to enforce this chapter, the defendant may perform community restitution or service instead of paying the monetary judgment for the ordinance violation if:
         (a)   The defendant and the attorney for the city agree to the defendant’s performance of the community restitution or service instead of the payment of a monetary judgment;
         (b)   The terms of the agreement described in division (C)(1)(a) above:
            1.   Include the amount of the judgment the city requests that the defendant pay under I.C. 34-28-5-4(e) for the ordinance violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and
            2.   Are recorded in a written instrument signed by the defendant and the attorney for the city;
         (c)   The agreement is filed in the court where the judgment was entered; and
         (d)   The court approves the agreement.
      (2)   If the defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under I.C. 34-28-5-4(c) as if the defendant had not entered into an agreement hereunder. This provision is adopted under and shall be construed consistent with I.C. 34-28-5-1(f).
(Ord. 12-2009, passed 4-27-2009)