20.100.170 Invoke a fine for violation.
A. Authority. The enforcement official may bring action to a court of jurisdiction as an independent enforcement action or concurrent to another enforcement action; except as stated in JCC 20.100.170, Invoke a fine for violation, or JCC 20.100.110, Request to remedy. A court of jurisdiction may issue a fine for violation.
B. Cause. A violation exists.
C. General Procedure.
1. Collect Evidence. Before or after bringing an action to the court of jurisdiction, the enforcement official shall collect evidence to conclude there is a violation.
2. Issue Notice. Before or after bringing an action to the court of jurisdiction, the enforcement official shall mail a notice letter to the violator or the property address (or to the tax record address if mail is undeliverable to the property (e.g., a vacant site)), describing the violation.
3. Court-Imposed Fine. The enforcement official shall bring an action to a court of jurisdiction to invoke a fine for a violation.
4. Financial Liability. A violator found liable for a violation shall be subject to a court-imposed fine. The fine for a violation shall be reasonably in proportion to the severity of the violation, repetitiveness of similar violations by the same violator, and the costs associated with enforcing, mitigating, administering, researching, inspecting the violation, court fees, legal fees, and the like. Fines imposed by the court of jurisdiction shall be no higher than $2,500 for the first violation, and no higher than $7,500 for the second or subsequent violations according to IC 36-1-3-8. [Ord. 12-27-11 § 10.17.]