410 IAC 6-6-14.1 Civil penalties schedule

Sec. 14.1. (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 ( 410 IAC 6-6-2) $50 to $100 Mobile home lots ( 410 IAC 6-6-3) $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 ( 327 IAC 8-3.3-5) $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 ( 410 IAC 6-6-10) $100 to $500 Mobile home safety ( 410 IAC 6-6-11) $10 to $100 Submission of plans ( 410 IAC 6-6-12) ( IC 16-41-27-22) $100 to $1,000 Swimming pools ( 410 IAC 6-6-13) $100 to $500 Conditions for health and safety ( 410 IAC 6-6-14) $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.