3.17.06: PENALTIES:
   (A)   Criminal Penalties: Criminal penalties shall be as follows:
      1.   Each violation of this title, or of the conditions of approval of a variance, planned unit development, or conditional use, and each day of each such violation, shall be considered a separate criminal offense.
      2.   Each person acting as a principal, and each person acting as an agent, violating this title, or the conditions of approval of a variance, planned unit development, or conditional use, shall be responsible for the criminal offense.
      3.   Each criminal offense shall be a misdemeanor punishable by a fine or imprisonment, or both.
   (B)   Civil Penalties: Civil penalties shall be as follows:
      1.   Each violation of this title, or of the conditions of approval of a variance, planned unit development, or conditional use, and each day of each such violation, shall be considered a separate civil offense.
      2.   Each person acting as a principal, and each person acting as an agent, violating this title, or the conditions of approval of a variance, planned unit development, or conditional use, shall be responsible for the civil offense.
      3.   Each civil offense shall be punishable by a civil penalty not to exceed one thousand dollars ($1,000.00) per day or per violation, whichever is greater.
      4.   The city, and if the property is located in the impact area, Valley County also, shall be entitled to recover, in any action for a civil penalty, the actual costs of investigation, enforcement, and mitigation, together with interest, court costs, and attorney fees at the prevailing hourly rate for attorneys practicing law in Valley County, notwithstanding that the city attorney and Valley County prosecuting attorneys are salaried, at the option of the city or county, as the case may be. (Ord. 821, 2-23-2006, eff. 3-16-2006)