§ 92.99 PENALTY.

   (A)   (1)   Any person who shall violate any of the provisions of §§ 92.01 through 92.15 or standards as adopted and amended herein or fails to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Elephant Butte City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $500 or by imprisonment of not more than 90 days or by both the fine and imprisonment. The imposition of 1 penalty for any violation shall not excuse the violation or permit it to continue; and all the persons shall be required to correct or remedy the violations or defects within a reasonable time; and when not otherwise specified, each 10 days that prohibited conditions are maintained shall constitute a separate offense.

      (2)   The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

(Ord. 60, passed 5-28-2003)

   (B)   (1)   Any individual, firm, partnership, corporation or association that violates any provision of §§ 92.30 through 92.34 is guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than $500 or imprisonment for a period of not more than 90 days or both fine and imprisonment.

      (2)   In addition to any other criminal penalties that may be imposed, any individual, firm, partnership, corporation or association found guilty by a court of competent jurisdiction of violating §§ 92.30 through 92.34 or the Fireworks Licensing and Safety Act, being NMSA §§ 60-2C-1 et seq., 2 times within a 5-year period, may, after notice and hearing have its license revoked and/or denied.

      (3)   If a person is found guilty of violating any of the provisions of §§ 92.30 through 92.34, that person's license or permit may be revoked or suspended by the City Clerk-Treasurer or designee.

(Ord. 1999-24, passed 2-3-1999; Am. Ord. 30, passed 6-16-1999)