(A) Any violation of the provisions of this chapter or a failure to comply with any of its requirements shall subject the offender to a civil penalty as follows:
(1) In the amount of $50 for each offense on the first day of the offense;
(2) In the amount of $100 for each offense either: on the second day of the offense; or when the offense is a second offense within a 12-month period; and
(3) In the amount of $250 for each offense either: on the third day and on each subsequent day of the offense; or when the offense is the third or subsequent offense within a 12-month period.
(B) Violators shall be issued a written citation that must be paid within 72 hours. If a person fails to pay the civil penalty within 72 hours, the city may recover the penalty together with all costs by filing a legal action in the general court of justice in the nature of a suit to collect a debt.
(C) This chapter may also be enforced by any appropriate equitable action.
(D) Each day that any violation continues shall be considered a separate offense for purposes of the penalties and remedies specified in this section. Notwithstanding the foregoing, the Zoning Enforcement Officer may invoke the escalating civil penalties authorized by subsection (A) whenever the violation continues and there has been sufficient time for the violation to be corrected after notification that the violation exists or whenever the violation has occurred previously during a 12-month period.
(E) Any one, all, or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(F) The owner, tenant or occupant of any building or land or part thereof and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held responsible for the violation and suffer the penalties and be subject to the remedies herein provided.
(Ord. No. 04-45, passed 5-13-2004)