(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Violations of § 150.004, which is designed to protect the health, safety and welfare of the citizens and residents of the city, shall be punishable by a fine not to exceed $2,000.
(C) Any person, firm or corporation violating any provision of § 150.005(B) shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not exceeding $2,000 for violations of all provisions that govern fire safety, public health and sanitation, and not exceeding $500 for all other violations. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(D) Any person, firm or corporation violating any provision of § 150.020 shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not exceeding $2,000 for violations of all provisions that govern fire safety, public health and sanitation, and not exceeding $500 for all other violations; provided, however, that no penalty shall be greater or less than the penalty provided for the same or similar offense under the laws of the state. Each and every day any such violation continues shall constitute a separate offense punishable hereunder.
(E) Any person who shall violate any provision of § 150.095(B)(5) shall be deemed guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed $500. Each day of violation shall constitute a separate offense.
(F) A violation of any provision of § 150.040 shall be deemed to be a misdemeanor and, upon conviction, such violation shall be punishable by a fine in an amount not to exceed $2,000. Each day of violation shall constitute a separate offense. Neither allegation nor evidence of culpable mental state is required for the proof of an offense defined by § 150.040.
(G) Any person firm or corporation who shall construct or attempt to construct any building or other structure within said city without a permit shall be guilty of a misdemeanor and punished by fine of not less than $5 and not more than $100; and that each and every day that §§ 150.076 through 150.080 may be violated shall constitute a separate offense.
(a) Civil penalty authorized. In addition to any other enforcement authority provided by law, the City Council may, by order, at an administrative hearing, assess a civil penalty against a property owner as provided for herein for failure to comply with an order issued by and pursuant to § 150.161.
(b) Showing required. The civil penalty may be assessed if it shown at the administrative hearing that both of the following apply:
1. The property owner was notified of the contents of the order issued pursuant to § 150.162; and
2. The property owner committed an act in violation of the order or failed to take an action necessary for compliance with the order.
(c) Amount of penalty. The civil penalty may be assessed in an amount not to exceed $1,000 per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed $10 per day for each violation.
(d) Notice of administrative hearing.
1. Not less than ten days prior to the date on which the administrative hearing is set, the property owner shall be sent a notice of the hearing by certified mail, return receipt requested.
2. The notice shall contain all of the following:
a. A copy of the order issued by the City Council pursuant to § 150.161;
b. A statement that the Building Inspector has determined that the property owner committed an act in violation of that order, or failed to take an action necessary for compliance with that order;
c. A statement that at the administrative hearing the City Council may assess a civil penalty not to exceed $1,000 per day for each violation or, if the owner shows that the property is the owner’s lawful homestead, in an amount not to exceed $10 per day for each violation; and
d. Notice of the time and place of the hearing.
(e) Copy of order filed with District Clerk. After the civil penalty is assessed, the City Secretary shall file with the District Clerk of the county in which the property is located a certified copy of the order assessing the civil penalty stating the amount and duration of the penalty.
(f) Enforcement. The civil penalty may be enforced by the city in a suit brought by the city in a court of competent jurisdiction for a denial judgment in accordance with the assessed penalty. A civil penalty under this section is final and binding and constitutes prima facie evidence of the penalty in any suit.
(2) Penalty. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of §§ 150.155 through 150.169 shall be fined not more than $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 5, passed 4-22-1960; Ord. 014, passed 12-1-1964; Ord. 1104-1, passed 11-8-2004; Ord. 0406-6, passed 4-10-2006; Ord. 0207-1, passed 2-12-2007; Ord. 0408-1, passed 4-14-2008; Ord. 0510-1, passed 4-19-2010; Ord. 1012-2, passed 10-8-2012; Ord. 0617-1, passed 5-22-2017)