(A) Any person who shall violate or fail to comply with any provision or requirement of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, shall be guilty of a misdemeanor, unless:
1. Such a violation or failure is designated as an infraction or is subsequently prosecuted as an infraction, in which case such person is guilty of an infraction; or
2. Such a violation or failure is prosecuted through an administrative citation. Any person who fails to pay an administrative fine or to comply with an administrative order is guilty of a misdemeanor as provided in this chapter.
(B) Any violation of any provision of this code or any other city ordinance, or a condition of any permit issued pursuant to this code or any other city ordinance, may be prosecuted as a misdemeanor or as an infraction, in the discretion of the City Attorney or his or her designee.
(C) Unless otherwise specifically provided in this code or by the City Council, any person guilty of a misdemeanor under a provision of this code shall be punished by a fine of not more than $1,000, or by imprisonment for a period of not more than six months, or by both such fine and imprisonment.
(D) Unless otherwise provided by City Council, as prescribed by state law, any person who has committed an infraction shall be punished for a first violation by a fine not exceeding $100, and for committing the same offense a second time within one year by a fine not exceeding $200, and for committing the same offense a third or any subsequent time within one year, by a fine not exceeding $500.
(E) Unless otherwise specifically provided in this code or by the City Council, any violation of any building or safety provision of this code determined to be an infraction that poses a threat to public health or safety is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130) for a first violation.
2. A fine not exceeding seven hundred dollars ($700) for a second violation of the same ordinance within one year.
3. A fine not exceeding:
(a) One thousand three hundred dollars ($1,300) for each additional violation of the same ordinance within one year of the first violation.
(b) A fine not exceeding two thousand five hundred dollars ($2,500) for each additional violation of the same ordinance within two years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
(F) A person cited under this code may seek a hardship waiver to reduce the amount of the fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. A request for a hardship waiver must be filed with the City Manager within 10 calendar days from the date of the citation. The request will be decided by the City Manager within five business days from the date the request is received, and the City Manager’s decision is final. The responsible party will be notified in writing of the decision on the request. A request for hardship waiver does not extend the time to appeal the citation.
(Ord. 552, passed 8-15-2006; Ord. 651, passed 5-16-2023)