The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.
A. Civil Actions:
1. Injunction. At the request of the council, on recommendation of the director, the city attorney may apply to a court of competent jurisdiction for injunctive relief to terminate a violation of this development code.
2. Abatement. Where any person, firm, or corporation fails to abate.a violation after being provided a notice of violation in compliance with Section 16.84.060(A) (Notice to Responsible Parties), above, and the opportunity to correct or end the violation, the council, on recommendation of the director, may request the city attorney to apply to a court of competent jurisdiction for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.
3. Medical Marijuana Dispensary a Public Nuisance. In addition to the penalties provided by this title or elsewhere in this code, any operation of a medical marijuana dispensary or mobile medical marijuana dispensary is deemed a public nuisance and may be abated by the city, and each day such condition continues shall be regarded as a new and separate offense. Additionally, any person or entity operating, owning, leasing, occupying or having charge or possession of any property and/or any vehicles thereon where a medical marijuana dispensary or mobile medical marijuana dispensary operates shall be responsible for creating the public nuisance declared by this subsection.
B. Civil Remedies and Penalties:
1. Civil Penalties. Any person who willfully violates the provisions of this development code, or a permit issued in compliance with this development code. shall be liable for a civil penalty not to exceed the maximum amount allowed by law for each day that the violation continues to exist.
2. Costs and Damages. Any person violating any provisions of this development code, or permits issued in compliance with this development code, shall be liable to the city for the costs incurred and the dam-ages suffered by the city, its agents, and agencies as a direct result of the violations.
C. Criminal Actions and Penalties:
1. Misdemeanor. A person violating any provisions of this development code, or a permit issued in compliance with this development code, shall be guilty of a misdemeanor.
2. An Infraction to a Misdemeanor. An offense that would otherwise be an infraction may. at the discretion of the city attorney, be filed as a misdemeanor if the defendant has been convicted of two or more violations of any of the provisions of this development code within the one-year period immediately preceding the commission of the offense, or has been convicted of three or more violations of any of the provisions of this development code within the two-year period immediately preceding the commission of the offense.
(Ord. 480-13 § 8, 2013; Ord. 182 § 2 (part), 1997)