(A) Special Nuisances:
1. Procedures, Provisions And Penalties: The procedures, provisions and penalties set forth in chapters 7 and 8 of this title shall apply to "special nuisances", as that term is defined in this chapter. Any action taken or penalties imposed described herein shall not be a bar against, or a prerequisite for, taking any other action against the person or responsible party.
2. Civil Penalties: In addition to any other penalties applicable to special nuisances described or referred to in this section, the city may also take civil action to obtain an order enjoining the action causing the nuisance, mandating the abatement of such abatable nuisance and requiring ongoing maintenance of such property free from nuisance, and/or to recover any damages and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. Any civil action or civil penalties described herein shall not be a bar against, or a prerequisite for, taking any other action against the person or responsible party.
3. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a special nuisance where such condition presents an imminent or ongoing threat to or impairment of human health or safety.
(B) General Nuisances:
1. Applicability: The procedures set forth in this subsection (B) shall apply to "general nuisances", as that term is defined in this section.
2. Criminal Penalties: Any person or responsible party who causes, creates, commits, maintains, permits, or allows the existence of any general nuisance in violation of this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000.00) for any one offense, or by imprisonment in jail for a period of not more than six (6) months, or by both such fine and imprisonment. Following the service of a criminal complaint or uniform citation for a violation of this chapter, each and every day in which any such violation shall continue shall be deemed a separate offense. Peace officers and code enforcement officers shall have the authority to issue uniform citations to violators of this section. Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a criminal complaint or uniform citation under this section.
3. Civil Penalties: In addition to any other penalties applicable to general nuisances described or referred to in this section, the city may also take civil action to obtain an order enjoining the action causing the nuisance, mandating the abatement of such general nuisance and requiring ongoing maintenance of such property free from nuisance, and/or to recover any damages and all costs of abatement, enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs. Any civil action or civil penalties described herein shall not be a bar against, or a prerequisite for, taking any other action against the person or responsible party.
4. Summary Abatement: Nothing contained herein shall prevent a code enforcement officer, peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. (Ord. 1304, 7-1-2014)