§ 2-185. Civil penalties and related terms construed.

(a)

Penalties for violations of the provisions to be enforced by this article shall be in the amounts prescribed in the schedule of civil penalties in section 2-191.

(b)

"Continuing Violations" are those violations which remain uncorrected beyond the reasonable time period for correction contained in the civil violation notice. For each day of continued violation after the time for correction has run, an additional penalty in the same amount as that prescribed for the original violation shall be added.

(c)

A "Repeat Violation" is a recurring violation of an ordinance or Code provision by a Violator who has previously been guilty of the same violation. A Repeat Violation can occur only after correction of the previous violation has been made. For the first Repeat Violation, the amount of the civil penalty shall be double the amount of penalty prescribed for the original violation by section 2-191. The amount of civil penalty due for each subsequent Repeat Violation shall be double the amount of penalty due for the first day of the immediate preceding violation, provided that the maximum penalty payable for the first day of any one Repeat Violation shall be $500.00.

(d)

A Repeat Violation which remains uncorrected beyond the time prescribed for correction in the civil violation notice shall be treated as a Continuing Violation, and the additional penalty for each day of continued violation shall be equal to the doubled amount due for the first day of the Repeat Violation.

(e)

Continuing Violation penalties shall accrue from the date of correction given in the civil violation notice until the correction is made or until a request for administrative hearing is filed, whichever comes first. If the named Violator requests an administrative hearing and loses his appeal, the Special Master shall determine a reasonable time period within which correction of the violation must be made, based on the considerations set forth in section 2-183(d). If correction is not made within the period set by the Special Master, Continuing Violation penalties shall begin to accrue again after the time for correction has run.

(f)

Civil penalties assessed pursuant to this article are due and payable to the Village on the last day of the period allowed for the filing of an appeal from the Special Master's decision, or, if proper appeal is made, when the appeal has been finally decided adversely to the named Violator.

(g)

If the Violation is a violation described in section 2-183(f), the Special Master shall notify the local governing body, which may make all reasonable repairs that are required to bring the property into compliance and assess charges against the Violator for the cost of the repairs along with the fine imposed pursuant to this section. The city shall have a lien upon the property in such amount until paid, which lien shall be prior to all other liens on such property, except taxes. Such lien, when delinquent for more than 30 days, may be foreclosed in the manner provided for the foreclosure of mortgages on real property. Making such repairs does not create a continuing obligation on the part of the local governing body to make further repairs or to maintain the property and does not create any liability against the Village for any damages to the property if such repairs were completed in good faith.

(Ord. No. 346, § 1(4), 3-20-90; Ord. No. 450, § 3, 5-16-00)