§ 30-33 PENALTY AND DESIGNATION OF CERTAIN SECTIONS AS MUNICIPAL CIVIL INFRACTIONS.

   (a)   Any person convicted of a violation under this chapter, except as provided in subsection (b) below, shall:

      (1)   Receive up to a $500 fine and/or up to 90 days in jail;

      (2)   Be ordered to make full restitution for the costs incurred in the abatement and/or enjoining of the violation; and/or

      (3)   Be ordered to complete up to 40 hours of community service work.

   (b)   Any person, association or corporation found in violation of §§ 30-3, 30-4, 30-7, 30-9, 30-11, 30-12, 30-13, 30-14, 30-15, 30-18, 30-20, 30-21, 30-22, 30-23, 30-25, 30-26 shall be found responsible of a municipal civil infraction pursuant to §§ 1-10 through 1-21.

(Ord. 3348, passed 7-27-1997; Ord. 3556, passed 6-9-2004)

§ 30-34 INCREASE IN FINE OR IMPRISONMENT FOR SECOND OR SUBSEQUENT VIOLATION.

   Subject to the penalty maximums set forth in §§ 1-7 and 1-19 of this Code and subject to any other penalty maximums provided by law, persons found guilty of or responsible for violating a section of this chapter §§ 30-11 through 30-30 on a second or subsequent occasion shall be punished by a fine or imprisonment, where allowable by law, which shall exceed any previous fine or imprisonment levied against the person for the last previous offense.

(Ord. 2624-B, passed 4-10-1978; Ord. 3557, passed 6-9-2004)

§ 30-35 NOTICE OF VIOLATION.

   An authorized person, in his or her discretion, may serve upon an individual found violating any provision of this chapter a notice of the violation pursuant to §§ 1-10 through 1-21.

(Ord. 2624-B, passed 4-10-1978; Ord. 3558, passed 6-9-2004)

§ 30-36 PROVISIONS OF §§ 30-10 – 30-35 NOT TO CONSTITUTE PERMISSION TO DO ACTS PROHIBITED BY OTHER LAW.

   Nothing contained in §§ 30-10 through 30-35 shall constitute permission to do acts prohibited by other law.

(Ord. 2624-B, passed 4-10-1978)

§ 30-37 FINDINGS WITH RESPECT TO DRUG USE.

   The City determines that, whenever the repeated use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, increased criminal activity occurs in the neighborhood surrounding the property, increased pedestrian and/or vehicular traffic occurs in the neighborhood surrounding the property are disturbed, a public nuisance is thereby created.

(Ord. 3186, passed 11-11-1991)

§ 30-38 USE OF CONTROLLED SUBSTANCES OR DRUG PARAPHERNALIA; PUBLIC NUISANCE; NOTICE OF HEARING.

   (a)   Whenever the use, sale, furnishing, giving or possession of controlled substances or drug paraphernalia occurs on any property, the City Council may declare by resolution that the property, after notice to the owner, a public hearing and a recommendation from the appropriate committee, is a public nuisance.

   (b)   Notice of the public hearing shall be made to the owner and shall consist of personal service or mailing of a certified letter to the taxpayer of record, as indicated in the Building and Safety Inspection Division in the case of a rental unit, or the City Assessor’s office in the case of an owner occupied dwelling, and the receipt by the City of a return receipt card indicating the owner’s having received the notice. This notice to the owner shall occur at least seven calendar days prior to the date of public hearing.

(Ord. 3186, passed 11-11-1991)

§ 30-39 ABATEMENT OF NUISANCE; COSTS.

   If the City Council determines that a property is a public nuisance, it may, by resolution, in addition to any other remedies available to the City at law or in equity:

   (a)   Authorize the Building and Safety Inspection Division to prohibit the occupancy of the property by either padlocking a portion of the property or boarding the property up, whichever is appropriate, for a period of up to one year from the date Council adopts the resolution; and/or

   (b)   Determine the owner shall be liable for the full cost of any personnel (including police and Code Compliance Officers) involved in each raid subsequent to the first raid and assess the cost against property.

(Ord. 3186, passed 11-11-1991)