A. Violation; Penalty: Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this chapter the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provision or the failure to perform any such act shall be punishable as provided in section 1-4-1 of this code. (Ord. C2003-13, 11-12-2003; amd. 2006 Code)
B. Continuing Violation; Separate Offense: Each day any such violation or failure to perform such act shall continue shall constitute a separate offense and is a separate violation of an ordinance of this city, unless otherwise specifically provided.
C. Penalty Not Exclusive: The provisions of the penalties in this section shall not be deemed a waiver of the rights of the city to invoke the equity jurisdiction of the district court in compelling abatement of any condition which constitutes an urban nuisance under this chapter.
D. Rules Of Civil Procedure: Such action for the abatement of an urban nuisance shall be governed by the general rules of civil procedure.
E. Civil Action To Abate: A civil action to abate an urban nuisance of this chapter may be brought, by verified complaint in the name of the city, by any public officer or private citizen in the district court against any person who shall create, perform or maintain an urban nuisance.
F. Court Costs; Plaintiff's Attorney Fees: When judgment is against the defendant in an action pursuant to subsection A of this section to abate an "urban nuisance" as defined in section 4-2-3 of this chapter, he shall be adjudged to pay all court costs and a reasonable fee for the plaintiff's attorney. (Ord. C2003-13, 11-12-2003)