[HISTORY: Adopted by the Village Board of the Village of Grafton 11-18-2019 by Ord. No. 020-2019. Amendments noted where applicable.]
Except as otherwise provided in this chapter, any person found to be in violation of this chapter or any rule or order promulgated hereunder, or who builds in violation of any detailed statement of specifications or plans submitted and conditionally approved hereunder, shall be subject to a penalty. Each and every 24 hours a violation continues is a separate offense.
Imposition of a penalty for a violation under this chapter shall not excuse the violation or permit it to continue, and such violations or defects shall be corrected or remedied within the time stated in an order.
Penalty designated. Any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be subject to a penalty, which shall be as follows:
First offense. Any person who violates any provisions of this chapter subject to a penalty shall, upon conviction thereof, forfeit not less than $25 nor more than $200, together with the cost of prosecution. In the event of a failure to pay such forfeiture, where no showing of indigence is made, the defendant may be imprisoned for no more than 90 days, as the court deems fit, or until such judgment is sooner paid.
Second offense. Any person found guilty of violating any ordinance or part of an ordinance codified in this chapter who has previously been convicted of a violation of the same ordinance within one year shall, upon conviction thereof, forfeit not less than $50 nor more than $250 per day for each such offense together with the costs of prosecution. In the event of a failure to pay such forfeiture, where no showing of indigence is made, the defendant may be imprisoned for no more than 90 days, as the court deems fit, or until judgment is sooner paid.
Execution against defendant's property. Whenever any person fails to pay any forfeiture and costs of prosecution upon the order of the court for violation of any ordinance of the Village, the court may, in lieu of ordering imprisonment of the defendant or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeiture and cost.
In addition to penalties imposed pursuant to Subsection 1:
False alarms. If the Fire Department responds to three or more false alarms, as defined in § 7.02.010 of this title, in one calendar year, in addition to the penalties provided in § 7.09.010C of this Municipal Code, the Fire Department may require that the fire alarm be serviced, upgraded, or replaced to bring the alarm system into compliance with current code, solely at the owner's cost, in order to prevent future false alarms.
Failure to apply for permit. Any owner or contractor that begins installation and/or alteration of any system and/or portion thereof regulated by this chapter, or proceeds without a permit required for any other activity, prior to obtaining the required permit, will be charged a triple fee.
Assembly occupancies found over occupant load capacity. Every person, in any assembly occupancy, found to be over the posted approved occupant load capacity, shall be considered a separate violation of this chapter and the occupancy shall be evacuated and not occupied for a minimum of eight hours.
In addition to or as a complete alternative to the penalties set forth in this section, the Village Board, the Fire Chief, or any person who would be specifically damaged by a violation of this chapter may institute appropriate action or proceeding to enjoin a violation of this chapter.