Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code including, but not limited to, the following:
(a) Civil enforcement.
(1) Each and every violation of the provisions of this Chapter is hereby deemed unlawful and a public nuisance.
(2) As a nuisance per se, any violation of this Chapter shall be subject to injunctive relief, and any permit issued pursuant to this Chapter deemed null and void.
(3) Any monies unlawfully obtained as a result of violation of this Chapter shall be disgorged and paid to the City.
(b) Administrative citations and civil penalties.
(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be subject to administrative citation and to a fine subject to the provisions of Chapter 11.26 of this Code.
(2) The City Attorney may, in his or her sound discretion, utilize all processes or remedies legally available to collect amounts owing hereunder.
(c) Criminal enforcement.
(1) Any person causing, permitting, aiding, abetting, suffering or concealing a violation of this Chapter shall be guilty of a misdemeanor, and may, in the discretion of the City Attorney, be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed $1,000 or imprisonment in the City or County jail for a period of not more than six months, or by both such fine and imprisonment.
(2) The City Attorney, in his or her sound discretion, may prosecute a violation of this Chapter as an infraction, rather than a misdemeanor, or reduce or agree to the reduction of a previously filed misdemeanor to an infraction. Any person convicted of an infraction under the provisions of this Chapter shall be punished by a fine not exceeding $100 for the first violation, a fine not exceeding $200 for a second violation within one year, and a fine not exceeding $500 for a third violation within one year. A fourth violation of this Chapter within one year shall be charged as a misdemeanor and may not be reduced to an infraction.
(3) Each day a violation is committed or permitted to continue shall constitute a separate offense.
(d) The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. The penalties herein are in addition to any other remedies provided by law and the payment of any penalty herein shall not relieve a person of the obligation to correct the violation.
(e) The prevailing party in any judicial action, administrative proceeding, or special proceeding to enforce this Chapter may recover its reasonable attorneys' fees, provided that the City elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative 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. A "judicial action" includes, but is not limited to, any civil or criminal action, inspection or abatement warrant or appeal. An "administrative proceeding" includes, but is not limited to, any public nuisance hearing, administrative citation or appeal(s) therefrom, revocation of permits by the City, or cost recovery hearing. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this Section.
(Ord. 211, passed 10-6-2021)