(A) (1) Any person found in violation of any provision of this chapter shall be responsible for a civil infraction and subject to a maximum fine of $2,500 for each offense, plus costs, damages and expenses. Each day such violation occurs or continues shall be deemed a separate offense and shall make the violator liable for the imposition of a fine for each day. The rights and remedies provided for in this section are cumulative and in addition to any other remedies provided by law. An admission or determination of responsibility shall not exempt the offender from compliance with the requirements of this chapter.
(2) Any person who aids or abets a person in a violation of this chapter shall be subject to the penalties provided in this section.
(3) For purposes of this division (A),
SUBSEQUENT OFFENSE means a violation of the provisions of this chapter committed by the same person within 12 months of a previous violation of the same provision of this chapter for which said person admitted responsibility or was adjudicated to be responsible.
(4) The issuance of fines shall be guided by division (C) below. The town reserves the right to issue a maximum fine for any violation deemed sufficiently egregious or otherwise determined by the town to warrant a maximum penalty.
(B) For intentional and flagrant violations of this chapter, the town may issue a notice to the applicant or other responsible person and the owner of the property, requiring such person to appear in the Circuit or Superior Court of the county to answer charges for such violation. Upon conviction, such person shall be punished by a fine as set by the Town Council, plus costs, damages and expenses or imprisonment for 60 days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.
Fine Category | Type and Nature | 1st Offense | 2nd Offense | 3rd Offense | |
Fine Category | Type and Nature | 1st Offense | 2nd Offense | 3rd Offense | |
Commercial Industrial Institutional | Minor | Accidental | $100 | $500 | $1,000 |
Intentional | $250 | $750 | $1,500 | ||
Major | Accidental | $250 | $1,000 | $2,000 | |
Intentional | $500 | $1,500 | $2,500 | ||
Residential | Minor | Accidental | Warning | $100 | $250 |
Intentional | Warning | $150 | $300 | ||
Major | Accidental | $100 | $250 | $500 | |
Intentional | $250 | $500 | $1,000 | ||
Fine Category | 1st Offense | 2nd Offense | 3rd Offense |
Commercial lot or multi-parcel development (i.e., subdivision, commercial, industrial, institutional) | $500 | $1,000 | $2,500 |
Individual lot (residential) | $150 | $350 | $750 |
(3) Stop work orders. Any person who neglects or fails to comply with a stop work order, per § 50.111 of this chapter, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not less than $1,000, and such person shall also pay such costs as may be imposed in the discretion of the court. A permit reinstatement fee may also be assessed by the town.
(Ord. 2013-17, passed 12-2-2013)