(a) In addition to any other remedy provided by this Code, any provision
of this chapter may be enforced by injunction issued by the Superior
Court upon a suit brought by the City.
(b) As part of a civil action filed to enforce provisions of this chapter,
a court may assess a maximum civil penalty of Two Thousand Five Hundred
and No/100ths ($2,500.00) Dollars per violation of this chapter for
each day during which any person commits, continues, allows or maintains
a violation of any provision of this chapter.
(§ 2, Ord. 1059, eff. December 7, 2007)
(a) It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this chapter. A violation
of any of the provisions or failing to comply with any of the mandatory
requirements of this chapter shall constitute a misdemeanor; except
that notwithstanding any other provision of this Code, any such violation
constituting a misdemeanor under this Code may, in the discretion
of the City Attorney, be charged and prosecuted as an infraction.
Any person convicted of a misdemeanor under the provisions of this
chapter, unless provision is otherwise herein made, shall be punishable
by a fine of not more than One Thousand and No/100ths ($1,000.00)
Dollars or by imprisonment in the County jail for a period of not
more than six months or by both fine and imprisonment. Any person
convicted of an infraction under the provisions of this Code, unless
provision is otherwise herein made, shall be punishable by a fine
only as follows: Upon a first conviction, by a fine of not exceeding
Two Hundred Fifty and No/100ths ($250.00) Dollars and for a second
conviction or any subsequent conviction within a period of one year,
by a fine of not exceeding Five Hundred and No/100ths ($500.00) Dollars.
(b) Each such person shall be charged with a separate offense for each
and every day during any portion of which any violation of any provision
of this Code is committed, continued or permitted by such person and
shall, upon conviction, be punished accordingly.
(§ 2, Ord. 1059, eff. December 7, 2007)
This Code established the administrative enforcement of remedies
for violations of this Code and applicable State Codes. The general
remedies include administrative abatement, summary abatement, civil
penalties, administrative citations, recordation of notices of violation
and mediation. The City may pursue any of these administrative remedies
for violations of this chapter.
(§ 2, Ord. 1059, eff. December 7, 2007)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this article.
The City Council declares that it would have adopted such section,
subsection, sentence, clause, phrase or portion thereof irrespective
of the fact that any one or more sections, subsections, sentences,
clauses, phrases or portions be declared invalid or unconstitutional.
(§ 2, Ord. 1059, eff. December 7, 2007)