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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 410. INDIANA STATE DEPARTMENT OF HEALTH |
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Article 410IAC6. SANITARY ENGINEERING |
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Rule 410IAC6-6. Mobile Home Community Sanitation and Safety |
Section 410IAC6-6-14.1. Civil penalties schedule
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1. (a) The department may commence an action under IC 16-41-27-29 and IC 4-21.5-3-8 to levy civil penalties against a mobile home community operator who:
(1) fails to comply with IC 16-41-27 or this rule; or
(2) interferes with or obstructs the department or its designated agent in the performance of duties under IC 16-41-27.
(b) A civil penalty in an amount in the appropriate range specified in this section may be assessed for each day of each violation.
(c) In determining the seriousness of the violation and the specific amount of the civil penalty to be sought for each violation, the department will consider the following:
(1) The potential for harm or imminent threat to public health.
(2) The extent of deviation from statutory or regulatory requirements.
(3) The degree of willfulness or negligence.
(4) A history of noncompliance.
The absence of direct harm will not result in assessment of a lower penalty for a violation.
(d) Unless adjusted as provided for in subsection (e), all penalties shall be in accordance with the following schedule:
Violation
Range of Penalty
Mobile home sites
$50 to $100
Mobile home lots
$50 to $100
Streets and parking
(410 IAC 6-6-4) (IC 16-41-27-15)
$10 to $50
Community lighting
(410 IAC 6-6-5) (IC 16-41-27-17)
$10 to $50
Water supply
(327 IAC 8-3.3-5) (IC 16-41-27-10)
$100 to $1,000
Water risers
$10 to $50
Sewage disposal
(410 IAC 6-6-8) (IC 16-41-27-11)
$100 to $1,000
Sewer risers
(410 IAC 6-6-8(c))
$50 to $100
Refuse disposal
(410 IAC 6-6-9) (IC 16-41-27-12)
$50 to $100
Unlicensed or inoperative motor vehicles
(410 IAC 6-6-9(g))
$50 to $100
Electrical/gas utilities
$100 to $500
Mobile home safety
$10 to $100
Submission of plans
(410 IAC 6-6-12) (IC 16-41-27-22)
$100 to $1,000
Swimming pools
$100 to $500
Conditions for health and safety
$100 to $1,000
Domestic animals and house pets
(IC 16-41-27-16)
$10 to $100
Attendant or caretaker
(IC 16-41-27-9)
$100 to $500
Interference with department or its agent
$100 to $1,000
(e) After determining the appropriate penalty based on the schedule in this section, the department may adjust the penalty to reflect a good faith effort to comply by the owner or operator of a mobile home community.
(f) Each individual penalty will be multiplied by the number of days the particular violation occurred. Penalties for violations occurring in two (2) consecutive inspections by the department shall be assessed on the basis that the violations have remained uncorrected over the period of time between the two (2) inspections.
(g) Penalties for all violations will be totaled and sought under one (1) cause of action.
(h) After filing an action under IC 4-21.5, and in an attempt to resolve violations of IC 16-41-27 and this rule without resort to a hearing, the department may negotiate and enter into agreed orders. An agreed order may suspend all or part of the civil penalty calculated under the requirements and deadlines established in the agreed order. (Indiana State Department of Health; 410 IAC 6-6-14.1; filed Oct 6, 1989, 4:30 p.m.: 13 IR 279; errata filed Jan 5, 1990, 5:00 p.m.: 13 IR 902; readopted filed Jul 11, 2001, 2:23 p.m.: 24 IR 4234; errata filed Dec 31, 2003, 12:00 p.m.: 27 IR 1890; filed Mar 5, 2007, 2:38 p.m.: 20070404-IR-410050328FRA; errata filed Aug 22, 2007, 9:16 a.m.: 20070829-IR-410050328ACA; readopted filed Sep 11, 2013, 3:19 p.m.: 20131009-IR-410130346RFA)