(A) General penalty provisions.
(1) Whenever in this code or in any ordinance of the city, or in any rule, regulation, notice, condition, term, or order promulgated by any officer or agency of the city under authority duly vested in him, her, or it, any act is prohibited or is declared to be unlawful or an offense or misdemeanor or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this code or any such ordinance, rule, regulation, order, or notice shall be punished by a fine not exceeding $500 or by imprisonment not to exceed 90 days, or by both such fine and imprisonment; but, in any case wherein the penalty for an offense is fixed by any statute, the same penalty shall apply.
(2) Except where otherwise provided, each and every day any violation of this code or any ordinance of the city or any rule, regulation, order, or notice promulgated by any officer or agency of the city under authority duly vested in him, her, or it shall constitute a separate offense.
(3) Whenever any act is prohibited by this code, by an amendment thereof or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding, or abetting of another person to do said act. Whenever any act is prohibited by this code, an attempt to do the act is likewise prohibited.
(B) Equitable relief. In addition to any other remedies or penalties established for violations of any ordinance or code section, or any rule, regulation, notice, condition, term or order promulgated by any officer or agency of the city under duly vested authority, the city official responsible for the enforcement of such ordinance, code section, rule, regulation, notice, condition, term, or order may, on behalf of the city and after approval by the Board of Aldermen, apply to a court of competent jurisdiction for such legal or equitable relief as may be necessary to enforce compliance with such ordinance, code section, rule, regulation, notice, condition, term, or order. In such action, the court may grant such legal or equitable relief, including, but not limited to, mandatory or prohibitory injunctive relief, as the facts may warrant. Upon the successful prosecution of any such action, the city may be awarded by the court reasonable attorney fees as allowed by law.
(C) Restrictions on delinquent applicants.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. An individual or a corporation, firm, partnership, joint venture, association, organization, or entity of any kind, including any shareholder, owner, officer, partner, joint venturer, or member of such entity or any other person holding an ownership interest in such entity requesting any city permit, license, franchise, or other approval.
RELATED PERSON OR ENTITY.
1. A firm, partnership, joint venture, association, organization, or entity of any kind in which the applicant holds any stock, title, or other ownership interest of at least 20%;
2. A firm, partnership, joint venture, association, organization, or entity of any kind which holds any stock, title, or other ownership interest in the applicant of at least 20%; or
3. An individual, firm, partnership, joint venture, association, organization, or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship, or in any other manner.
RELEVANT LAW.
1. Any statute or regulation of the United States or the state;
2. Any ordinance or code section of the city, or any rule, regulation, notice, condition, term, or order promulgated by any officer or agency of the city under duly vested authority of the city; or
3. Any final judgment or order of any court of competent jurisdiction, when a statute, ordinance, code section, rule, regulation, notice, condition, term, order, or judgment at issue regulates conduct or conditions germane to the issuance of the requested permit, license, franchise, or other approval as provided by the applicable ordinance or code section of the city.
(2) In enforcing or administering the ordinances of the city, no permit, license, franchise, or approval of any kind shall be granted to any applicant:
(a) Who is charged with, or in violation of, any relevant law; or
(b) Who is related to or associated with a related person or entity who is charged with, or in violation of, any relevant law, until such time as the applicant or the related person or entity resolves the pending charge or comes into compliance with the relevant law.
(3) The reviewing or enforcement officer may consider past violations of relevant law by an applicant or a related person or entity in considering whether to issue a permit, license, franchise, or approval requested by an applicant.
(4) The reviewing or enforcement officer may refuse to accept the refiling of a denied application for one year from the date of the denial unless the officer finds that the application has been substantially revised, or that substantial new facts or change in circumstances warrant reapplication.
(5) Any aggrieved applicant may appeal the decision of the reviewing or enforcement officer to the Board of Aldermen within five business days of said decision. The Board of Aldermen may reverse or modify the decision of the reviewing or enforcement officer; provided, the applicant:
(a) Establishes a good-faith effort to effect compliance with this section and any relevant law or, if applicable, an inability to do so because of the ownership structure of any pertinent related entity; or
(b) Establishes that the applicant has not been charged with, or is not in violation of, any relevant law.