A. Upon the failure, neglect, or refusal of any owner or occupant to abate such violation within the time specified in the notice, such owner or occupant may be issued a civil citation. The civil citation shall carry a penalty in the amount established by resolution of the city council for civil penalties and shall be payable within ten (10) days of receipt of the civil citation. Each day that a violation of this chapter continues may result in a separate civil citation. For good cause shown, the city administrator, or his designee, may waive all or a portion of any civil penalty assessed pursuant to this chapter.
B. In the event a person fails or refuses to pay the civil penalty assessed pursuant to this chapter, the city may take such action as may be necessary for enforcement of that civil penalty. Enforcement actions may include, but are not limited to, initiation of collection procedures via a debt collection service, filing a civil lawsuit for collection of the unpaid penalty(ies), and/or, subject to subsection C of this section, filing a misdemeanor complaint. The city shall be entitled to all fees, costs, and attorney fees incurred in the collection of such civil penalty(ies) and, upon entry of a judgment, the city may proceed with enforcement of the judgment as provided by law.
C. If a person has been issued two (2) civil citations for violation of this chapter, both of which remain unpaid, subsequent violations shall constitute a misdemeanor, subject to a fine not exceeding one thousand dollars ($1,000.00) or imprisonment in the county jail for not more than six (6) months, or both. A misdemeanor citation may only be issued if there are at least two (2) unpaid civil citations for violation of this chapter outstanding. (Ord. 3564, 2017)