§ 92.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   (1)   Failure to comply. Failure to comply with any provision of §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47; with the standards and specifications set forth by the Engineer; or with sound and accepted safety, health, or engineering practices shall be just cause for the Engineer to direct City forces or an independent contractor to make any temporary or permanent repairs deemed necessary to bring the subject work into compliance with the above standards and practices. Cost of this work shall be charged to the permit holder at a rate of one and one-half times the cost to the City plus 15% overhead and administration. The Engineer may revoke the prequalification of any party with delinquent payments and may take other steps necessary to collect such costs including, but not limited to, the filing of a lien on the property for which the work was performed.

      (2)   City liability. Nothing contained in §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47 shall be implied to require the City, or its officials, agents, or employees, to monitor or inspect any project to determine whether the provisions of §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47 have been or are being complied with.

      (3)   Violation.

         (a)   Violation of a provision identical to a state statute is punishable by a fine and/or imprisonment not to exceed the penalty prescribed by the state statute.

         (b)   Violation of any provision of §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47, not otherwise provided for, shall be punishable by a fine not to exceed $500. Each day of violation shall constitute a separate offense.

         (c)   Any act or condition prohibited by §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47 may be declared to be a public nuisance and may be abated by the procedures, including summary abatement procedures, set forth in other ordinances relating to nuisances.

         (d)   The abatement of a nuisance is not a penalty for violating §§ 92.01 through 92.06, 92.20 through 92.27, and 92.40 through 92.47 but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate a nuisance.

(Ord. 622, passed 11-3-2010)