1. Unless provided elsewhere in this Code, a violation of a City ordinance is punishable by a civil penalty which shall be set by resolution of the City Council. The schedule of Civil Penalties and Fees is listed in the Appendix of this Code of Ordinances.
2. Failure to conform to the standards, criteria, or provisions of the following chapters of this Code of Ordinances may constitute a municipal infraction, punishable by a civil penalty:
A. Chapter 50 – Nuisance Abatement.
B. Chapter 91 – Private Wells Restricted
C. Chapter 123 – Moving Buildings
D. Chapter 145 – Dangerous Buildings
E. Chapter 155 – Building Code
F. Chapter 156 – Fire Code
G. Chapter 157 – Mechanical Code
H. Chapter 158 – Plumbing Code
I. Chapter 159 – Existing Building Code
J. Chapter 160 – Electrical Code
K. Chapter 161 – Housing Code
L. Chapter 162 – Property Maintenance Code
M. Chapter 171 – Zoning and Property – Administration and Enforcement
3. Violations of those chapters listed in subsection 2 above are punishable by a civil penalty which shall be set by resolution of the City Council. The schedule of Civil Penalties and Fees is listed in the Appendix of this Code of Ordinances.
4. Each day that a municipal infraction occurs and/or is permitted to exist constitutes a separate offense.
5. Seeking a civil penalty as authorized in this chapter does not preclude the City from seeking alternative relief from the Court in the same action. Such alternative relief may include, but is not limited to, an order for abatement or injunctive relief.
6. Special Civil Penalties.
A. A municipal infraction arising from noncompliance with a pretreatment standard or requirement, referred to in 40 C.F.R. § 403.8, by an industrial user is punishable by a penalty of not more than $1,000.00 for each day a violation exists or continues.
B. A municipal infraction classified as an environmental violation is punishable by a penalty of not more than $1,000.00 for each occurrence. However, an environmental violation is not subject to such penalty if all of the following conditions are satisfied:
(1) The violation results solely from conducting an initial startup, cleaning, repairing, performing scheduled maintenance, testing, or conducting a shutdown of either equipment causing the violation or the equipment designed to reduce or eliminate the violation.
(2) The City is notified of the violation within twenty-four (24) hours from the time that the violation begins.
(3) The violation does not continue in existence for more than eight (8) hours.