§ 62-98. Violations and penalty.

(a)

Violations. It shall be a violation of this article for any person to allow his property to be in a condition which is prohibited by section 62-92

(b)

Penalty.

(1)

Any person who violates any provision of this chapter shall be subject to a civil penalty of $50.00 for the first violation in any calendar year, with the second violation during any calendar year carrying a civil penalty of $100.00 and the third and subsequent violations during any calendar year carrying a penalty of $250.00.

(2)

A court of law may assess additional civil penalties of up to $5,000.00 against the owner for noncompliance.

(c)

If a judgment is entered against a defendant in any action to enforce this chapter, the defendant may perform community restitution or service (as defined in IC 35-41-1-4.6) instead of paying the monetary judgment for the ordinance violation if:

(1)

The defendant and the attorney for the city agree to the defendant's performance of community restitution or service instead of payment of a monetary judgment;

(2)

The terms of the agreement described in subsection (C)(1) of this section:

a.

Include the amount of the judgment the city requests that the defendant pay under IC 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

b.

Are recorded in a written instrument signed by the defendant and the attorney for the city:

(3)

The agreement is filed in the court where the judgment was entered; and

(4)

The court approves the agreement.

If a 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 IC 34-28-5-4(e) as if the defendant had not entered into an agreement hereunder. This provision is adopted under and shall be construed consistent with IC 34-28-5-1(g).

(Ord. No. 2013-16, Art. VIII, 7-1-2013)