§ 152.999 PENALTY.

   (A)   Civil penalties.

      (1)   Any person who violates any provision of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 shall be punished by a fine of not less than $100 nor more than $500. Each day of violation shall constitute a separate offense.

      (2)   Any person, owner or agent who violates §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 shall, upon conviction, be fined not less than $100 nor more than $500 for each lot or parcel which was the subject of the violation. Each day of violation shall constitute a separate offense.

      (3)   Any person or entity who violates any of the provisions of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 or any of the regulations adopted pursuant thereto, for which no other penalty is provided, shall upon conviction, be fined not less than $10 but not more than $500 for each conviction. Each day of violation shall constitute a separate offense.

      (4)   Even though a penalty or a forfeiture has been imposed by reason of a violation of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075, such shall be no bar to restoring the property on which the violation exists, or removal of the offending signage or otherwise correcting the violation.

      (5)   The person in physical control (owner, lessee, tenant, agent and the like) of the real estate on which a violation of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 exists, shall be prima facie presumed to have committed the violation unless it is shown that the offender acted in good faith on the advice of a city official.

      (6)   A commission may appoint enforcement officers who shall have authority to issue citations for violations of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 which the officer has observed, but shall not have powers of peace officers to make arrests or carry deadly weapons. The defendant shall appear within a designated time pursuant to the citation.

      (7)   Any citation officer of the city may issue a citation for any violation of §§ 152.001 through 152.006, 152.020 through 152.026, 152.040 through 152.046, 152.060, 152.061 and 152.075 which is observed by him or her and enforce the violation in the County District Court.

   (B)   Historic Districts.

      (1)   Violation of the provisions of §§ 152.090 and 152.091 or failure to comply with any of its requirements shall constitute a misdemeanor. Each day during which the violation continues shall be deemed a separate offense for which a separate fine may be imposed.

      (2)   Any person who violates any provision of §§ 152.090 and 152.091 shall be punished by a fine of not less than $100 nor more than $500.

      (3)   Any person, owner or agent who violates §§ 152.090 and 152.091 shall, upon conviction, be fined not less than $100 nor more than $500 for each lot or parcel which was the subject of the violation.

      (4)   Any person or entity who violates any of the provisions of §§ 152.090 and 152.091 as adopted by the city or any of the regulations adopted pursuant thereto, for which no other penalty is provided, shall upon conviction, be fined not less than $10 but not more than $500 for each conviction.

      (5)   Even though a penalty or a forfeiture has been imposed by reason of a violation of §§ 152.090 and 152.091, such shall be no bar to restoring the property on which the violation exists, or removal of the offending signage or otherwise correcting the violation.

      (6)   The person in physical control (owner, lessee, tenant, agent and the like) of the real estate on which a violation of §§ 152.090 and 152.091 exists, shall be prima facie presumed to have committed the violation unless it is shown that the offender acted in good faith on the advice of a city official.

      (7)   The City Commission may appoint enforcement officers who shall have authority to issue citations for violations of §§ 152.090 and 152.091 which the officer has observed, but shall not have powers of peace officers to make arrests or carry deadly weapons. The defendant shall appear within a designated time pursuant to the citation.

      (8)   Any citation officer of the city may issue a citation for any violation of §§ 152.090 and 152.091 which is observed by him or her and enforce the violation in the County District Court.

      (9)   The owner or tenant of any building or structure, premises or part thereof, any architect builder, contractor, agent or other person who commits, participates in, or maintains the violation may be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. 90-12, passed 8-2-1990; Ord. 06-08, passed 4-6-2006; Ord. 06-12, passed 8-3-2006)