[Amended 3-21-2019 by Ord. No. 2019-04]
A. Any person who violates or fails to comply with any of the provisions or requirements of the Zoning Ordinance as described in §
420-18.2 shall be subject to a civil penalty of $200 for the initial summons or ticket, and a civil penalty of $500 for each additional summons or ticket arising from the same set of operative facts.
B. Upon becoming aware of any violation of the provisions of this chapter, the Administrator may proceed to issue a civil summons.
C. Any person summoned or issued a ticket for a violation may make an appearance in person or in writing by mail to the City Treasurer prior to the date set for trial in court. Any person so appearing may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged after first agreeing in writing to abate or remedy the violation within a specified time frame. Such persons shall be informed of their right to stand trial and that a signature to an admission of liability will have the same force and effect as a judgment of court.
D. If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided for by law.
E. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court shall order the violator to abate or remedy the violation in compliance with this chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Failure to remove or abate a zoning violation within the specified time period shall constitute a separate offense punishable by an additional civil fine and any other penalties as ordered by the court.
F. Civil penalties are in lieu of criminal penalties. A violation enforced under this section shall be in lieu of any criminal penalty except as provided in §
420-18.2 and, except for any violation resulting in injury to any person, such a designation shall preclude the prosecution of the particular violation as a criminal misdemeanor. The remedies provided for in this section are otherwise cumulative and not exclusive and shall be in addition to any other remedies provided by law.
G. This section shall not be construed to allow the imposition of civil penalties for:
(1) Activities related to land development where, for the purposes of this section, the term "land development" means a human-made change to, or construction on, the land surface including, but not limited to, land disturbing activity within the meaning of Chapter
178 of the Code of the City of Lexington or the construction of buildings, structures or improvements under an approved site plan or subdivision plat, but does not mean the land development project's compliance with this chapter; and
(2) The violation of any provision of the Code of the City of Lexington relating to the posting of signs on public property or public rights-of-way.
H. Any person who violates or fails to comply with any of the provisions or requirements of the zoning chapter as described in §
420-18.2 and: 1) the violation or failure to comply results in injury to any person; or 2) the violation or failure to comply occurs after the $5,000 maximum aggregate civil penalty provided in §
420-18.2 has been reached, shall have committed a misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000. If the violation is uncorrected at the time of conviction, the court shall order the person convicted to abate or remedy the violation in compliance with this chapter, within a time period established by the court. Failure to remove or abate such violation within the time period established by the court shall constitute a separate misdemeanor offense punishable by a fine of not less than $10 nor more than $1,000, and any such failure during any succeeding ten-day period, punishable by a fine of not less than $100 nor more than $1,500.