§ 151.99. PENALTY.


Latest version.
  • (A) Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction therefore shall be fined a maximum of $1,000 for each conviction, or shall be punished by imprisonment for a period not to exceed 90 days for each offense, or by both the fine and imprisonment in the discretion of the court, together with costs of the prosecution. Each day upon which the violation shall occur shall constitute a separate offense.
    (B) Any use or activity in violation of the terms of this chapter is hereby declared to be a nuisance per se, and may be abated by order of any court of competent jurisdiction. The Village Council, in addition to other remedies, including those provided in division (C) below, may institute any appropriate action or proceeding to prevent, abate or restrain the violation. All costs, fees and expenses in connection with the action shall be assessed as damages against the violation.
    (C) In the event of a violation, the Village of Pinckney shall have the power to order complete restoration of the wetland area involved by the person or agent responsible for the violation. If the responsible person or agent does not complete the restoration within the time specified in the order (not to exceed 18 months), the village shall have the authority to restore the affected wetlands to the prior condition wherever possible and the person or agent responsible for the original violation shall be held liable to the village for the cost of restoration.
    (D) Any person violating the provisions of this chapter shall become liable to the village for any expense, loss or damage occasioned by the village by reason of the violation.
    (Ord. 34, passed 7-24-1989)