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(1) Violations.

(a) Failure to Comply with this Ordinance. Any person or company who fails to comply with the provisions of this ordinance or any order issued by the Department of Planning and Development, Division of County Development in accordance with this ordinance or resists enforcement shall be subject to a penalty as provided in Chapter 15.02-5 of this ordinance or in Chapter 3.60 of the Kenosha County Municipal Ordinance.

(b) Any Construction in Violation of this Ordinance. By the discretion of the Sanitarian, construction of a POWTS or non-plumbing sanitation system may be ordered to cease upon written orders from the Department of Planning and Development, Division of County Development or the placement of a “Notice of Possible Violation” on the construction site. The Sanitarian must provide adequate explanation why the project is being requested to be stopped.

(c) Construction Ordered Stopped. Construction shall not continue again until the Sanitarian has notified the plumber or contractor in charge or the property owner that construction can continue. No backfilling or covering of the construction shall occur until fully inspected and approved by the Sanitarian.

(d) All Violations. The Kenosha County Corporation Counsel shall be the prosecuting authority of this ordinance. The Sanitarian shall exhaust all other options available to them in order to attain compliance and resolution to their enforcement issues.

(e) The Corporation Counsel. may seek an injunction in any case it deems appropriate in addition to an action to collect forfeiture.

(2) Penalties.

(a) Except as otherwise provided, any person who shall violate any of the provisions of this ordinance shall upon conviction of such violation be subject to a penalty as stated in Chapter 15.02-5 and 15.02-6 of this ordinance.

(b) Each Violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this ordinance shall preclude the County from maintaining any appropriate action to prevent or remove a violation of any provision of this ordinance.

(c) Cash Deposits for violations charged by a citation under 15.02-6 of this chapter. The cash deposit for the violation of any section or subsection of this ordinance shall be one hundred dollars ($100.00). In addition, upon conviction, any person who has been found to have acted in violation of any of the above sections shall be liable for the costs of prosecution including court costs and reasonable attorney fees; and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding thirty (30) days.

(d) Repeat Offenses of a similar nature within a twelve (12) month period shall require a cash deposit of two hundred and fifty dollars ($250.00) for a second offense and for a third offense of a similar nature within a twelve (12) month period, the cash deposit shall be five hundred dollars ($500.00).

(e) Execution Against a Defendant’s property shall occur whenever any person fails to pay any forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the County. 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 costs.

(f) Injunctive Remedies may also be ordered by the court. [Code § 15.08-4, 2018.]