(A) Any activity carried on in violation of the provisions of this chapter is declared to be a nuisance per se.
(B) Remedies to correct violations shall be carried out in the following manner:
(1) Stop work orders. Whenever any work is being done contrary to the provisions of this chapter, the City Manager or his agent shall order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such persons shall stop such work until authorized, in writing, by the City Manager or his agent to proceed with the work.
(2) Penalties.
(a) In addition to the rights and remedies herein provided to the City, any person violating any provision of this chapter shall be deemed responsible of a municipal civil infraction. The penalty for a municipal civil infraction shall be a fine of not less than $25 and not more than $500 plus costs. Costs may include all expenses, direct and indirect, to which the City has been put in connections with the municipal civil infraction up to the entry of judgment. The City may seek or employ other remedies and sanctions available under state law for municipal civil infractions. Each day such violation is continued or permitted to continue shall constitute a separate offense and shall be punishable as such.
(b) The penalty for repeat offenses of the same chapter provision within two years of a prior offense shall be a fine of not less than $50 and not more than $500, plus costs and all other remedies and sanctions available under state law for municipal civil infractions.
(c) A judgment, order, or abstract of the district court shall establish proof of a prior offense.
(3) Appearance tickets. Municipal civil infraction tickets can be issued as citations for violations of this chapter.
(Ord. 420-4-97, passed 4-21-97)