§ 96.99. PENALTIES.

(A) Any person who violates the provisions of this chapter shall appear within 30 days at the office of the enforcement agent that issued the notice of ordinance violation, and shall pay a fine as outlined in this section. If a violator fails to appear at the office of the enforcement agent that issued the notice of ordinance violation within 30 days of the date of the notice of ordinance violation, an enforcement action may be filed in either the Cass Circuit Court or Cass Superior Court, or any successor court. Upon conviction or admission of any violation of this chapter in the Cass Circuit Court or Cass Superior Court, or any successor court, the violator shall be subject to fines and penalties as outlined herein.

(B) Any person who violates the provisions of this chapter and appears within 30 days at the office of the enforcement agent that issued the notice of ordinance violation shall pay a fine as follows:

(1) Any person whose acts constitute a Class “A” violation of this chapter shall:

(a) Pay a fine of $500;

(b) Pay for and provide receipts evidencing all costs related to the cleanup and proper disposal of the infectious waste, hazardous waste, and/or solid waste related to the violation; or reimburse the authorized enforcement agents for all costs related to any cleanups carried out by the authorized enforcement agents; and

(c) Provide receipts evidencing 1 year of contracted trash disposal service by a licensed waste hauler.

(2) Any person whose acts constitute a Class “B” violation of this chapter shall:

(a) Pay for and provide receipts evidencing all costs related to the cleanup of solid waste and proper disposal of solid waste related to the violation; or reimburse the authorized enforcement agents for all costs related to the cleanups carried out by the authorized enforcement agents; and

(b) Provide receipts evidencing 1 year of contracted trash disposal service by a licensed waste hauler.

(3) Any person whose acts constitute a Class “C” violation of this chapter shall pay for and provide receipts evidencing all costs related to the cleanup of solid waste and proper disposal of solid waste related to the violation; or reimburse the authorized enforcement agents for all costs related to the cleanups carried out by the authorized enforcement agents.

(C) Upon conviction or admission of any violation of this chapter in the Cass Circuit Court or Cass Superior Court, or any successor court, the violator shall be deemed guilty and subject to the following penalties:

(1) Any person who commits a Class “A” violation of this chapter shall be fined a sum of not less than $500 and not greater than $2,500 per violation.

(2) Any person who commits a Class “B” violation of this chapter shall be fined a sum of not less than $250 and not greater than $1,000 per violation.

(3) Any person who commits a Class “C” violation of this chapter shall be fined a sum of not less than $100 and not greater than $500 per violation.

(D) Any person found to be in violation of any provision of this chapter shall, in addition to any fines as set forth above, be assessed all costs and expenses of the investigation, cleanup and removal of solid waste connected with the violation, and shall, in addition, be liable for all reasonable attorney fees and costs incurred by the county or district in the enforcement of the ordinance.

(E) Collection of money under any section of this chapter shall constitute collection of money owed the unit pursuant to I.C. 36-1-4-17.

(1993 Code, § 6-117) (Ord. 95-08, passed 9-5-1995)