A. Any person violating this chapter or the design criteria, standards or standard drawings hereby adopted shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1-4-1 of this Code. Each day upon which the illegal construction, alteration, maintenance or use continues shall be deemed a separate violation of this chapter. (Ord. 97-06, 7-24-1997; amd. 2018 Code)
B. In addition to the criminal penalties set forth in subsection A of this section, whenever a violation of this chapter occurs, the City may institute proceedings in the District Court to seek injunctive relief to prevent the continued violation thereof or to compel compliance with the terms and provisions of this chapter. Whenever it appears to the Council that any person has engaged or is about to engage in any act or practice violating any provision of this chapter, the City may institute a civil action in District Court to enforce compliance herewith.
C. It is hereby declared that a violation of any of the provisions of this chapter constitutes immediate danger to public health, safety, and welfare necessitating immediate action to remove any prohibited improvement to or obstruction of any public street or right-of-way, and the City shall have the right to order the same removed from the public right-of-way, and the responsible party shall pay all reasonable costs incurred by the City with regard thereto.
D. The City may require a person having a permit to revise, repair or replace improper work or improvements installed pursuant to a permit issued hereunder in order to have same conform with the standards of this chapter. Upon refusal of such a person to revise, repair or replace improper work or improvements, within fifteen (15) days of the date such notice is issued by the City, the City may perform the work at the expense of the permittee, and the City shall have a right to recover and a cause of action against the permittee for all costs incurred by the City with regard thereto including, but not limited to, the cost of such repair, restoration or improvement, court costs and reasonable attorney fees. (Ord. 97-06, 7-24-1997)