Misdemeanors. Violations of this chapter or failure to comply with
any of its requirements, including violations of any conditions and
safeguards established in connection with the granting of variances,
site plan approvals or establishment of planned development districts,
shall constitute a misdemeanor, punishable by a fine of up to $250
or a maximum five-day imprisonment, or both. Each day a violation
is continued shall be deemed a separate offense.
Civil penalties. Any act constituting a violation of this chapter,
including violations of any conditions or safeguards established in
connection with the granting of variances, site plan approvals or
establishment of planned development districts, shall also subject
the offender to a civil penalty of $100 per day for each day that
the violation shall continue from the date of remedy as set forth
in the notice of violation. The Code Enforcement Officer or the Director
of Planning and Development, as the case may be, shall cause to be
served a notice of violation which notice shall provide for a date
of remedy of said violation. In the event the violation is not remedied
as directed, the civil penalty shall be imposed. If the offender fails
to pay this penalty within 10 days after failing to remedy the cited
violation, the penalty may be recovered by the City in a civil action
in the nature of debt. A civil penalty may only be appealed to the
Zoning Board of Appeals if the offender was sent a notice of violation
and filed an appeal to the Zoning Board of Appeals within 30 days
of its receipt. The Zoning Board of Appeals shall have no power to
alter or modify the amount of the penalty. Review by the Zoning Board
of Appeals shall be limited to the question of whether or not there
is/was a violation of this chapter.
Each day that any violation continues after notification that such
violation exists shall be considered a separate offense for purposes
of the misdemeanor or civil penalties.
Injunction. In addition to the above-provided penalties and remedies,
the City Council shall reserve the right of the City to take action
in a court of competent jurisdiction in the name of the City to compel
compliance with or to restrain by injunction the violation of this
chapter.