A. Minor Misdemeanor. Any person, including but not limited to the owner, occupant or operator of any real property, building or premises, or a part thereof, who is or has been in title, possession, use or occupancy of said property and where there exists any violation of this Zoning Code, shall be guilty of a minor misdemeanor, subject to penalties of not more than $150.00 for each and every violation. Further, each and every day of violation shall constitute a separate offense and such penalty may be imposed for each and every day that such violation is found to persist.
B. Mandatory Per Diem Penalty upon Failure to Comply. In addition to such offenses in (A), upon the observation of the commission of any such violation, it shall be a violation for any person to fail to comply with any of the provisions of this Zoning Code, or any requirements thereof, or to fail to abate any violation in compliance with any lawful order issued by the Building Commissioner or the Building and Zoning Board of Appeals, within the time specified in such order, and for each and every violation or noncompliance, shall be guilty of a minor misdemeanor and shall be fined not less than $49.00 for each and every day during which such noncompliance persists after such person's failure to abate or comply in response to said lawful order and notification.
C. Mandatory Penalty upon Violation of Final Approved Development Plan. In addition to such offenses as may be charged under Subsection A and B, any person who violates Section 1126.10 of this Zoning Code, Compliance with Approved Plans, shall be fined $100.00 per day for the first five (5) days of his violation of said Section 1126.10, and $250.00 per day for every subsequent day of violation. For purposes of this paragraph, each day during which such violation continues shall constitute a separate violation of said Section 1126.10.
D. Enhancement of Penalty upon Proof of Prior Conviction. Any person who is found to be Guilty of and convicted for violation of any of the provisions of this Zoning Code, pursuant to Subsections A, B or C above, upon subsequent violation within ten (10) years, shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250.00 and subject to imprisonment of not more than 30 days, or both, for each and every violation and day that the violation continues to exist after lawful order and notification. Further, if a person was previously convicted of a violation of any provision of this Zoning Code within one year prior to the date of the subsequent violation, then such person shall be guilty of a misdemeanor of the first degree, subject to a fine of not more than $1,000.00 and a term of imprisonment of not more than 180 days, or both, for each and every day the violation continues to exist after the date of the lawful order and notification. Further, the Court is hereby authorized to order, as a condition of probation or otherwise, that the offender comply with the Zoning Code and/or cure the violation of any and all provisions thereof upon which the citation and conviction are based, or otherwise upon such restrictions and within such reasonable time as ordered by the Court.
E. Application of Penalties to Officers or Agents. The penalties contained hereinabove shall be applicable to all legal entities as well as to natural persons. Where the owner, occupant or operator is a legal entity, other than a natural person, the penalties of this Section shall be applicable to any statutory agent, superintendent, officer, member or partner who, alone or with others, has charge, care or control of or is otherwise responsible for the real property, building or premises. In that event the lawful order, notification and any Citation or Complaint may be styled in the business name of such legal entity, under the care of the specific, individual natural person doing business as such legal entity, together with such person's title, affiliation, or status. For example, "ABC company, Inc., care of (c/o), Mr. XYZ, date of birth (DOB), whose residential address is located at, and who is doing business as President thereof."
F. Equitable Remedies. The imposition of any penalty shall not preclude the Director of Law or Prosecutor from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an violation of this Zoning Code; or to restrain, correct or abate a violation; or to prevent the occupancy of any real property, building or premises; or to require compliance with the provisions of this Zoning Code or other applicable laws, ordinances, rules or regulations or the orders or determinations of the Court, Building Commissioner or the Building and Zoning Board of Appeals.
(Ord. 2017-32. Passed 5-2-17.)