[HISTORY: Adopted by the Village Board of the Village of
Grafton 11-18-2019 by Ord. No. 020-2019. Amendments noted where applicable.]
A.
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.
B.
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.
C.
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:
1.
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.
2.
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.
D.
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.
E.
In addition to penalties imposed pursuant to Subsection 1:
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.
2.
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.
3.
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.
4.
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.
