[Amended by L.L. No. 1-1972]
The legislative power of the City, however conferred or possessed
by it, during the first year after this Charter goes into effect,
from January 1, 1923, to December 31, 1923, is vested in a City Council
composed of the five members of the existing City Council, who were
chosen for two-year terms at the general election held during the
year 1921, and thereafter is vested in a City Council composed as
hereinafter provided, and it has authority to enact ordinances, not
inconsistent with law, for the government of the City and the management
of its business, for the preservation of good order, peace and health,
for the safety and welfare of its inhabitants and the protection and
security of their property; and its authority, except as otherwise
provided in this chapter or by law, is legislative only.
[Amended by L.L. No. 1-1926; L.L. No. 4-1927; L.L. No. 5-1939; L.L. No. 50-1961; L.L. No. 1-1972]
The City Councilmen of the City shall constitute the City Council
thereof. The members of the City Council shall meet in the room provided
for the purpose at 8:00 in the evening of the second day of January
1923, and each year thereafter, or if that day be a Saturday, Sunday
or a legal holiday, then on the next day, and organize. The City Council
at its first meeting annually, or in case of a vacancy not otherwise
filled as herein provided, at any subsequent meeting, shall elect
from among its members a President of the City Council who shall preside
at all meetings and discharge other duties as may be defined by ordinance
of the City Council and otherwise by this chapter or by law, and a
President Pro Tempore who shall have the power of the President of
the City Council during the absence or disability of the President,
while the President is acting as Mayor or during a vacancy in the
office of President, and an Acting President Pro Tempore who shall
have the power of the President Pro Tempore of the City Council during
the absence or disability of the President Pro Tempore. The President
of the City Council shall vote as a member of the City Council, and
notwithstanding that he shall be acting as Mayor. The President Pro
Tempore of the City Council shall also vote as a member of the City
Council and the Acting President Pro Tempore shall likewise vote as
a member of the City Council. The City Council shall also constitute
and appoint such other officers and committees as may be needed for
the execution of the powers herein and hereby granted to the City
Council.
[Amended by L.L. No. 3-1926; L.L. No. 4-1932; L.L. No. 3-1933; L.L. No. 1-1972; L.L. No. 6-1992; L.L. No. 5-1994[1]; 8-13-2008 by L.L. No. 4-2008, approved 9-18-2008]
The City Council shall appoint to hold office, during its pleasure,
a City Clerk and a Deputy City Clerk. The City Clerk, and in his absence
or disability, the Deputy City Clerk, shall attend the meetings of
the City Council, keep a journal of its proceedings and discharge
such other duties as may be prescribed by this Charter or by law or
ordinance. The City Clerk shall appoint to hold office, during his
pleasure, except as otherwise provided by law, such subordinates as
may be prescribed by the Board of Estimate and Contract. It shall
be the duty of the said Clerk to transmit to the head of each department
and Clerk of each board copies of all ordinances in any manner affecting
any of the matters of which any such department or board shall have
jurisdiction. He shall have the custody of the City Seal and shall
be the Clerk to all boards unless otherwise provided by law or by
the Board of Estimate and Contract or by this chapter. The City Clerk
shall serve as the Registrar of Vital Statistics and shall appoint,
to hold office at his pleasure, a Deputy Registrar to act in his stead
in case of his absence or inability. The City Clerk shall be ex officio
a Commissioner of Deeds. The City Clerk shall keep an accurate account
of all moneys received and disbursed by him under or in pursuance
of any provision of law or ordinance and shall deposit all his receipts
daily to the credit of the City in one or more of the City depositories
designated pursuant to law and shall report such receipts and disbursements
monthly, in detail, and pay over the balance thereby shown to the
Comptroller on or before the fifth day of every month. The City Clerk
shall also act as Clerk of the Board of Estimate and Contract and
shall keep a journal of all proceedings of the Board of Estimate and
Contract and shall perform such additional duties as may be required
by the Board of Estimate and Contract.
[1]
Editor's Note: This local law provided for an effective date
of January 1, 1995.
[Amended by L.L. No. 4-1930; L.L. No. 6-1961; L.L. No. 1-1972; L.L. No. 2-1981; L.L. No. 4-1981]
The City Council shall hold regular meetings on the second and
fourth Wednesdays of the months of September through June, inclusive;
and the second Wednesday of the months of July and August. If these
regular meeting days be holidays, then the Council shall meet on the
next days; or if these regular meeting days be the eve of Thanksgiving,
the eve of Christmas, the eve of Rosh Hashanah, the eve of Yom Kippur
or New Year's eve, then the Council shall meet on the preceding day.
The Mayor, or the President of the City Council, or majority of its
members, may call a special meeting of the City Council by causing
a written notice thereof, specifying the objects of the meeting, to
be served by the City Clerk upon each member personally at least six
hours before the time fixed for such meeting or by mailing such notice
special delivery, registered or certified mail, return receipt requested,
directed to his place of residence or place of business at least 24
hours before the time fixed for the meeting.
[Amended by L.L. No. 1-1972]
The City Council shall determine the rules of its own proceedings
and be the judge of the election, returns, and qualifications of its
members. Its meetings shall be public and its records open to public
inspection, and a majority of all its members shall constitute a quorum
to do business. The City Council may compel the attendance of absent
members at any meeting properly called, and may punish or expel a
member for disorderly conduct, for a violation of its rules or for
official misconduct, or declare his seat vacant by reason of absence,
provided such absence has continued for a space of two months; but
no expulsion shall take place and no vacancy on account of absence
be declared except by a vote of a majority of all the members of the
City Council nor until the delinquent member has had an opportunity
to be heard in his defense. If a vacancy shall occur in the office
of City Councilman, the City Council shall appoint a person to fill
such vacancy. The term of office of the person so appointed shall
be until the commencement of the political year next succeeding the
first annual election after the happening of the vacancy, at which
a successor can be elected, and a successor for the balance of the
unexpired term, if any, shall be chosen at the next City election
happening not less than 20 days after such vacancy occurs. All acts
of the City Council shall be determined by a vote taken by a roll
call of its members, and a statement of the choice of each member
or the yeas and nays, if any, shall be entered upon the journal.
[Added by L.L. No. 7-1961; amended by L.L. No.
1-1972]
In any action, suit, or proceeding brought by or against the
City Council, where the Corporation Counsel disqualifies himself or
is disqualified, or his acting as counsel may involve a conflict of
interest, the City Council may engage special counsel. The cost of
retaining such special counsel shall constitute a charge upon the
general funds of the City.
[Amended by L. 1943, Ch. 710; L.L. No. 1-1953; L.L. No. 4-1958; L.L. No. 8-1961; L.L. No. 1-1972]
All the legislative acts of the City Council shall be by ordinance,
and on the passage of every ordinance, the yeas and nays of the members
voting thereon shall be entered in full on the journal. The passage
of an ordinance shall require the affirmative vote of at least a majority
of all the members of the City Council, except as otherwise provided
by the Local Finance Law. Except by an affirmative vote of at least
four members of the City Council, no ordinance shall be passed by
the City Council on the same day on which it is introduced.
[Amended by L.L. No. 9-1961; L.L. No. 7-1977]
Every ordinance of the City Council shall be typewritten, printed
or written and immediately after its passage shall be signed by the
President of the City Council and attested by the Clerk. The Clerk
shall thereafter present the same to the Mayor, noting the date of
delivery to the Mayor. If the Mayor approves it, he shall sign it
and return it to the Clerk, and the ordinance shall thereupon take
effect. If he disapproves it, he shall return it to the Clerk with
his objections stated in writing, and the Clerk shall present the
same with such objections to the City Council at its next regular
meeting. The City Council may, within 30 days thereafter, reconsider
the same; if, after such consideration 4/5 of all the members of the
City Council shall vote to pass the ordinance, the same shall take
effect notwithstanding the objections of the Mayor, unless a greater
number of members were necessary according to the provisions of this
chapter for the original passage of the ordinance, in which case unless
as many members as were requisite for the original passage of the
ordinance shall vote to pass the ordinance it shall not take effect.
If any ordinance shall not be returned by the Mayor to the Clerk within
10 days after it shall have been presented to him, or if such ordinance
shall be returned within such period without the Mayor's approval
or disapproval, the same shall take effect in like manner as if the
Mayor had approved and signed it. If any ordinance presented to the
Mayor contains several items of appropriation of money or embraces
more than one distinct subject, the Mayor may approve the provisions
relating to one or more items or one or more subjects and disapprove
the others. In such case those items or subjects which he shall approve
shall take effect and he shall append to the ordinance at the time
of signing it a statement of the items or subjects which he disapproves
and said items or subjects so disapproved shall not take effect. He
shall return to the Clerk a copy of such statement and the items or
subjects disapproved may be separately reconsidered by the City Council
and shall only become effective if again passed by it as above provided.
All the provisions of this section in relation to ordinances disapproved
by the Mayor shall apply in cases in which he shall disapprove any
item or subject contained in an ordinance appropriating money or embracing
more than one distinct subject.
In the event that the power to disapprove an ordinance is exercised
by the Acting Mayor, and the City Council shall reconsider the same,
as hereinbefore provided, upon 3/5 of all the members of the City
Council voting to pass the ordinance, it shall take effect notwithstanding
the objections of the Acting Mayor, unless a greater number of members
shall be necessary according to the provisions of this Charter for
the original passage of the ordinance, in which case as many members
as were requisite for the original passage of the ordinance shall
vote to pass the ordinance in order for it to take effect.
[Amended by L.L. No. 10-1961; L.L. No. 1-1972]
Every ordinance shall, upon its taking effect, be kept in the
custody of the City Clerk. He shall photostat every such ordinance
and such photostatic copy shall include the signature of the President
of the City Council, the attestation of the City Clerk and the Mayor's
written approval; or in the event of the Mayor's disapproval, a memorandum
by the City Clerk of its passage over the Mayor's veto; or in the
event the ordinance took effect because of the Mayor's failure to
approve or to disapprove and return within 10 days, then a memorandum
to that effect. The photostatic copies thereof shall be kept chronologically,
in annual bound volumes. A copy, certified by the City Clerk, shall
be presumptive evidence of the passage of the ordinance and of the
facts certified.
[Amended by L.L. No. 11-1961; L.L. No. 1-1972]
The City Council may by ordinances not inconsistent with this
chapter or with other laws of the state, regulate the powers and duties
of the City officers and departments, such ordinances to be known
as the "Administrative Code of the City of Mount Vernon"; but no ordinance
shall be passed interfering with the exercise of the executive functions
of the officers, departments, and boards of the City, as provided
in this chapter or otherwise by law. The Council shall have power
and it shall be its duty by ordinance to designate the different rooms
and offices in City Hall, or in any building used as such, to be occupied
by the various courts, officers, boards and departments of the City.
[1]
Editor's Note: Former § 41, Special lighting districts,
was repealed by L.L. No. 37-1961.
[Amended by L.L. No. 2-1927; L.L. No. 12-1961; L.L. No. 1-1972]
The grade of any street shall not be fixed or established except
by ordinance of the City Council. The grade of a street heretofore
or hereafter legally established shall not be changed, except by ordinance
of the City Council, and except also upon compensation for damages
done, to be ascertained in and by proceedings provided by law for
ascertaining damages for lands taken for the opening of streets. The
City Council shall have full power to change or alter, by ordinance,
the name of any street, avenue, place or highway in the City of Mount
Vernon, at any time, in the discretion of said City Council, and said
ordinance may prescribe the period of time for which said ordinance
shall be published in a newspaper published in the City of Mount Vernon.
[Amended by L. 1923, Ch. 617; L. 1943, Ch. 710; L.L. No. 3-1956; L.L. No. 2-1965; L.L. No. 1-1972]
The City Council may, by ordinance approved by the Board of
Estimate and Contract, fix and determine the amount and proportion
of the expense which shall be borne by the City at large of any public
improvement. The amount and proportion of the expense of such improvements
which shall be borne by the City at large may be included in the budget
and raised by tax the same as other general City charges. An amount
sufficient to pay, when due, any bonds issued to finance the portion
of such expense to be borne by the City at large, together with the
accrued interest thereon, shall be included in the tax budget and
raised by tax the same as other general City charges and such bonds
as they mature, together with the interest thereon, shall be paid
out of the moneys so raised by tax. The proportion of the expenses
which is not borne by the City shall be assessed and charged upon
the property affected by such improvement in the form and manner provided
by law or ordinance. The words "public improvement" as used herein
shall be deemed to refer to any one of the following: the laying out,
opening, constructing, extending, widening, altering, straightening,
altering of grade, grading, regrading, paving, surfacing, narrowing
and discontinuing of public streets, the construction and altering
of drains, gutters, crosswalks, sidewalks and curbs in the public
streets, laying out, opening, enlarging, improving and ornamenting
public squares and parks and acquiring the land necessary therefor;
the constructing, reconstructing, extension and alteration of public
sewers and drains within or without the limits of the City; constructing
and altering of sewerage disposal works within and without the limits
of the City; the construction of bridges, arches and culverts and
the extension of mains and pipes and appurtenances for the supplying
of water for public purposes and for private consumption; the construction,
reconstruction, extension and enlargement of off-street parking spaces,
lots, garages, or facilities, the construction of buildings, structures,
garages, spaces or facilities for off-street parking purposes for
the relief of traffic congestion and the acquisition of real property
or any interest therein necessary for or incidental to the construction
or operation of parking garages, parking spaces or parking facilities
for such purpose; the purchase, installation and erection of streetlighting
poles, lamps and equipment; the acquisition of real property, rights-of-way
or any interest therein which may be required or necessary in connection
with the construction of state arterial highways within the City limits
as well as the cost of preparing any such real property so acquired
for such public use. In any ordinance which shall provide that the
whole or any portion of the expense of any such public improvement
shall be assessed and charged upon the property benefited and affected
by such improvement, the City Council may provide that the assessments
shall be payable in one installment, or in equal annual installments
not exceeding 20 years, but no provision shall be made for such payment
in installments for a period beyond the probable usefulness of such
improvement as provided by the Local Finance Law.
[Added by L.L. No. 3-1927; amended by L.L. No.
1-1972]
Hereafter whenever the City Council shall determine to regulate,
grade, pave or otherwise improve any new street, avenue, highway or
public place in the City of Mount Vernon, there shall be included
in the plans and specifications therefor, and as part of said improvement,
specifications for the construction of sidewalks on said new street
or streets, avenue, highway or public place; the material, width,
etc., of which said sidewalks shall be constructed, shall be specified
in said specifications, and said sidewalks shall be constructed as
a part of said improvement. The cost and expense of the construction
of said sidewalks shall be apportioned, and assessed upon the several
abutting properties at the same time, in the same manner, and with
like effect as the cost and expense of said regulating, grading, paving
or other improvement made on said new street or streets, avenue, highway
or public place aforesaid, and as a part thereof.
[Added by L.L. No. 3-1937; amended by L.L. No.
1-1972]
When a public improvement is undertaken through, by authority
of, or in conjunction with the state, and/or federal and/or county
governments, or any agency thereof, the City Council shall, by ordinance
approved by the Board of Estimate and Contract, fix and determine
the proportion, if any, of the cost and expense of such improvement
to the City, to be borne by, assessed and charged upon the property
affected by such improvement. The provisions of this chapter and of
law pertaining to the form and manner of assessment, levy and collection
of the cost and expense for local improvements, including interest
thereon and review thereof, shall apply to the matters provided in
this section.
[Amended by L.L. No. 1-1972]
Whenever the City Council shall contemplate the discontinuance
of any street, it shall cause a notice to be published for 10 days
in the official paper or papers of the City of its intention so to
do and that all persons interested may be heard in reference thereto
at a time stated in such notice. If it shall be determined to discontinue
the street and any person shall claim to be damaged by such discontinuance,
such alleged damages, unless agreed to by the Commissioner of Public
Works and approved by the Board of Estimate and Contract, must be
ascertained and determined in the manner provided by law for ascertaining
damages for lands taken for the opening of streets. An ordinance discontinuing
any street shall require the affirmative vote of the majority of all
the members of the City Council.
[Amended by L.L. No. 1-1972]
At the first meeting of the City Council for the purpose of
organization, as provided herein, it shall designate not more than
two newspapers published in the City to be the official paper or papers
of the City. The City Council may, by a majority vote of all its members,
determine to designate but one daily official paper, in which case
it shall designate but one daily official paper, and the daily paper
receiving the highest number of votes shall be the official paper
for one year, and until a successor is designated. Such paper or papers
shall have been published in the City of Mount Vernon for at least
one year and shall have been entered as second class matter with the
United States Post Office Department. Unless the City Council shall
so determine to designate but one official paper, it shall designate
two daily official papers, and each member shall be entitled to vote
for but one paper, and the two papers having the highest number of
votes shall be the official daily papers for one year and until a
successor or successors shall be designated. Such official daily paper
or papers shall publish such matters and in such form as shall be
prescribed by statute or otherwise by general ordinance of the City
Council. In case an official paper shall refuse or fail to act or
perform as such, the City Council may in its discretion as hereinbefore
provided, designate a successor. All bills and accounts for publication
in daily official papers and all City printing and advertising shall
be a City charge, and shall be paid by the Comptroller in the regular
manner. The City Council may, by general ordinance, prescribe the
form in which the proceedings and reports of the City officers, boards
and departments shall be issued, and the printing and binding of the
same shall be performed under contract awarded as in the case of other
City contracts.
No appropriations of money shall be made for any purpose except
by ordinance specifying each item, the amount thereof, and the department
or specific purpose for which the appropriation is made.
[Amended by L.L. No. 1-1972; L.L. No. 2-2001]
No ordinance shall be passed making or authorizing a sale or
lease of City real estate or of any franchise belonging to or under
the control of the City except by a four-fifths vote of all the members
of the City Council. In case of a proposed sale or lease of real estate
or of a franchise, the ordinance must provide for a disposition of
the same at either a public auction to the highest bidder or through
a private sale, and act to grant, for such consideration and upon
such terms and conditions as the City Council may deem proper, any
right, title and interest which the City may have in such real property.
In the case of a sale by public auction to the highest bidder, such
public auction shall be conducted under proper regulations as to the
giving of security, and after the public notice published once each
week for three weeks in the official paper or papers. A sale or lease
of real estate or a franchise shall not be valid or take effect unless
made as aforesaid and subsequently approved by the Board of Estimate
and Contract. No franchise shall be granted or be operated for a period
longer than 50 years. The City Council may, however, grant to the
owner or lessee of an existing franchise, under which operations are
being actually carried on, such additional rights or extensions in
the street or streets in which the said franchise exists, upon such
terms as the interests of the City may require, with or without an
advertisement, as the City Council may determine; provided, however,
that no such grant shall be operative unless approved by the Board
of Estimate and Contract, and also by the Mayor.
[Added by L.L. No. 1-1945; amended by L.L. No.
6-1958; L.L. No.
13-1961; L.L.
No. 1-1970; L.L.
No. 1-1972]
Sale of all City-owned real property, not needed for municipal
use, at a price of $5,000 or less, shall be for a cash consideration.
In the sale of all City-owned property, not needed for municipal
use, where the price is in excess of $5,000, the Comptroller, when
so authorized by ordinance of the City Council and resolution of the
Board of Estimate and Contract, may, and he hereby is authorized to,
take in the name of the City a purchase money bond and mortgage in
an amount not to exceed 50% of the sale price in excess of $5,000
on unimproved property and 60% of the sale price in excess of $5,000
on improved property. The balance of the principal sum shall be due
and payable not more than five years from the closing of title, with
interest payable quarter-annually at the then prevailing rate per
annum, together with installment payments for reduction of the principal
sum in an amount not less than 6% per annum on each quarter-annual
interest date. Said purchase money bond and mortgage shall contain
such other clauses and terms as are set forth in lending institutions'
or bank first mortgage and such other terms and conditions as fixed
by ordinance of the City Council. Where the privilege of part payment
by bond and mortgage is extended to and accepted by the purchaser,
said purchaser shall pay the mortgage recording tax and recording
fees and pay for and affix to such instruments any and all revenue
stamps that may be necessary.
In enforcing the lien of any such bond and mortgage the City
shall have and be entitled to all the same rights and remedies as
an individual or private corporation under the provisions of the Real
Property Law and Civil Practice Act and the laws of the State of New
York. The City shall have and be entitled to the same rights as an
individual or private corporation to sell or assign any such bond
and mortgage. The proceeds of the sale of any such property shall
be applied as an offset against the cost of acquisition of the property
represented by said taxes and assessments outstanding against said
property on the date of acquisition; any excess shall revert to the
general fund.
[Added by L.L. No. 4-1983]
In the sale of all City-owned property, not needed for municipal
use, where the price is in excess of $1,000,000, the Comptroller,
when so authorized by ordinance of the City Council and resolution
of the Board of Estimate and Contract, may, and he hereby is authorized
to, take in the name of the City a purchase money bond or note and
mortgages in an amount equal to the purchase price. The principal
sum shall be due and payable not more than five years from the closing
of title, with interest payable annually at a negotiated rate per
annum. Said purchase money bond or note and mortgages shall contain
such other clauses and terms as are set forth in lending institutions
or bank mortgages and such other terms and conditions as fixed by
ordinance of the City Council. Where the privilege of part payment
by bond or note and mortgages is extended to and accepted by the purchaser,
said purchaser shall pay the mortgage recording tax and recording
fees and pay for and affix to such instruments any and all revenue
stamps that may be necessary.
In enforcing the lien of any such bond or note and mortgages,
the City shall have and be entitled to all the same rights and remedies
as an individual or private corporation under the provisions of the
Real Property Law and Civil Practice Act and the laws of the State
of New York. The City shall have and be entitled to the same rights
as an individual or private corporation to sell or assign any such
bond or note and mortgages. The proceeds of the sale of any such property
shall be applied as an offset against the cost of acquisition of the
property represented by said taxes and assessments outstanding against
said property on the date of acquisition; any excess shall revert
to the general fund.
[Amended by L.L. No. 1-1972]
The City Council shall, on or before the first day of July in
each year, whenever necessary so to do, divide the City into election
districts in accordance with provisions of the Election Law of the
State of New York, as from time to time amended.
[Amended by L.L. No. 1-1972]
Whenever the City shall own and operate a system of waterworks
the City Council shall by ordinance provide for the levy and collection
of a frontage tax on real estate and establish the rates to be charged
and paid annually for the supply of water in buildings, establishments,
trades, and private houses and shall provide for the use of water
meters in ascertaining the amounts to be charged for water supply
service.
[Amended by L.L. No. 3-1935; L. 1943, Ch. 710; L.L.
No. 14-1961; L.L.
No. 1-1972; 10-24-2018 by L.L.
No. 1-2018][1]
The City Council shall have power to investigate all City officers,
all departments and all public affairs of the City and shall have
access to all records and papers kept by every City officer or department
and shall have power to compel the attendance of witnesses and the
production of books, papers or other evidence at any meeting of the
City Council or of any committee thereof, and for that purpose may
issue subpoenas to be signed by the President of the City Council.
In the event that the members of the City Council determine that a
person has willfully failed to comply with a subpoena duly issued
by the City Council, that person may be found to be in contempt of
the City Council and the City Council may impose a civil penalty not
to exceed $ 10,000 and the City Council may also maintain an action
or proceeding in a court of competent jurisdiction to seek imprisonment
or to enforce a civil penalty so as to compel full compliance with
said subpoena. If that person is employed by the City of Mount Vernon,
the Comptroller shall deduct said civil penalty from the person' s
pay at a rate of maximum allowed by state law of that person's gross
pay each pay period until the penalty is fully paid. The expenses
of all such investigations including, but not limited to, employment
of special counsel in the event the Corporation Counsel is disqualified
from serving, experts and stenographers, shall be and constitute a
charge upon the general funds of the City.
[Amended by L.L. No. 1-1972]
Any member of the City Council who shall knowingly or unlawfully
disregard any provision of law applicable to the members thereof,
or who shall vote for any ordinance or measure in violation of law,
or any appropriation unauthorized by law or in excess of the amount
authorized by law, or for any illegal or injurious disposition of
corporate property, rights or privileges, shall be guilty of a misdemeanor
and liable to the punishment and penalty prescribed therefor, and
every member voting in favor thereof shall be individually liable
to refund the amount to the City at the suit of any taxpayer.
[Amended by L.L. No. 4-1956; L.L. No. 1-1972; L.L. No. 3-1980; L.L. No. 2-1983; L.L. No. 1-2002; L.L. No. 1-2005]
Notwithstanding any provision in the General Ordinances of the
City of Mount Vernon to the contrary, no violation of a general ordinance
shall be deemed a misdemeanor unless the acts or omissions constituting
such violation shall constitute a misdemeanor under the Penal Law.
Any person violating an ordinance of the City Council shall be guilty
of an offense, and the City Council may provide therein or by general
ordinance that any person guilty of such violation shall be liable
to a fine which shall not exceed $5,000 in amount, or to imprisonment
not exceeding 15 days or to both such fine and imprisonment, or to
pay to the City a penalty not exceeding $20,000 to be recovered in
a civil action. Each and every day such violation continues shall
be deemed a separate and distinct violation. The City may maintain
an action or proceeding in a court of competent jurisdiction to compel
compliance with or to restrain by injunction the violation of any
ordinance of the City Council, notwithstanding that the ordinance
may provide for such penalty for such violation.
