A. Misdemeanor Violation. No person shall commit, cause or maintain a violation of any provision or fail to comply with any of the requirements of this Chapter. Unless a different penalty is prescribed for violation of a specific provision of this Chapter, or is otherwise required by law, every act prohibited or declared unlawful and every failure to perform an act made mandatory by this Chapter, is punishable as a misdemeanor. Every misdemeanor offense is punishable by imprisonment in the City or County jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction.
B. Infraction Violation. Except as otherwise prescribed elsewhere in this Chapter, every offense specifically declared to be or charged as an infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision within one (1) year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him/her, unless he/she is arrested and not released on his/her written promise to appear, his/her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this Chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation.
C. Obligation to Correct the Condition. Payment of any penalty herein provided shall not relieve a person, firm, corporation or any other entity from the responsibility of correcting the condition resulting from the violation.
D. Separate Offense. Each person committing, causing or maintaining a violation of this Chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each; and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly.
E. Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in ths Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive.
F. Administrative Citation. In lieu of issuing an infraction citation, the City may issue an administrative citation pursuant to an ordinance adopted by the City, to any person responsible for committing, causing or maintaining a violation of this Chapter. Nothing in this Section shall preclude the City from also issuing a citation upon the occurrence of the same offense on a separate day.
G. Administrative Fine. Any person issued an administrative citation pursuant to this Chapter shall for each separate violation be subject to: (1) an administrative fine in an amount not to exceed one hundred dollars ($100.00) for the first citation; (2) an administrative fine in an amount not to exceed two hundred fifty dollars ($250.00) for a second citation issued for the same offense within a twelve (12) month period of the date of the first offense; and (3) a fine in an amount not to exceed five hundred dollars ($500.00) for a third and any subsequent citation issued for the same offense within a twelve (12) month period of the date of the first offense.
H. Modification, Suspension and/or Revocation of Validly Issued City Permit and/or City License. Except as otherwise provided by this Chapter, a violation of any provision of this Chapter by the holder of a validly issued City permit and/or City license shall constitute grounds for modification, suspension and/or revocation of said permit and/or license.
I. Additional Penalties; Costs of Abatement. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this Municipal Code or under State law, including but not limited to, as applicable, denial or revocation of certificates of occupancy, issuance of a stop work order and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover its full reasonable costs of abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the City.
J. Public Nuisance Remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein or in this Title 7 of the Municipal Code, shall be entitled to recovery of attorneys’ fees incurred in any such proceeding, where the City has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys’ fees. In no action, administrative proceeding or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City in the action or proceeding.
[Ord. No. 521, 10/23/13.]