A. Public nuisance. Buildings erected, altered, razed or converted, including tents, mobile homes, and trailer coaches, or uses carried on in violation of any provision of these regulations are hereby declared to be a nuisance per se, and shall be subject to abatement or other action by a court of appropriate jurisdiction.
B. Violation. Any person, firm, corporation, or agent, or any employee, contractor, or subcontractor of same, who fails to comply with any of the provisions of these regulations or any of the regulations adopted in pursuance thereof, or who impedes or interferes with the enforcement of these regulations by an enforcement official shall be deemed in violation of these regulations.
C. Penalties. Any violation of these regulations shall constitute a misdemeanor. Any person who is convicted shall be subject to punishment by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days for each offense, or both, at the discretion of the court. Each day a violation occurs or continues shall constitute a separate offense.
Furthermore, the owner or tenant of any building, structure, premise, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains any violation of these regulations may each be found guilty of a separate offense and may be subject to the penalties provided herein. The cost of prosecution shall also be assessed against the violator.
The imposition of any sentence shall not exempt the offense from meeting compliance with the requirements of these regulations.
D. Authority to pursue court action. The city attorney is hereby empowered to commence and pursue any and all necessary and appropriate actions or proceedings in the circuit court, or any other court having jurisdiction, to restrain or prevent any noncompliance with or violation of any of the provisions of these regulations, and to correct, remedy, or abate such noncompliance or violation. Any person aggrieved or adversely affected by such noncompliance or violation may institute suit or join the City in such an action to abate the violation.
E. Other remedies. The rights and remedies set forth above shall not preclude the use of other remedies provided by Law, including any additional rights of the City to initiate proceedings in an appropriate court of law to restrain or prevent any noncompliance with any provisions of these regulations, or to correct, remedy, or abate such noncompliance.
F. Rights and remedies preserved. Any failure or omission to enforce the provisions of these regulations, and failure or omission to prosecute any violations of these regulations, shall not constitute a waiver of any rights and remedies provided by these regulations or by law, and shall not constitute a waiver nor prevent any further prosecution of violations of these regulations.
(Ord. No. 93-553, § 32.09, 2-2-1993)