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(A) Any person, firm, partnership or corporation who constructs any public improvement or portion thereof or constructs, enlarges, alters, repairs or maintains any grading, excavation or fill, or causes the same to be done, contrary to or in violation of any terms and provisions of this chapter shall be, upon conviction, fined as determined by separate ordering of City Council for each offense; and a separate offense shall be deemed committed on each day during, on, or which a violation occurs or continues. Any person, firm, partnership or corporation who shall sell or offer for sale, lease or offer for lease, while this chapter is in effect, any lot or lots or block or blocks, within the area of jurisdiction of the city or any addition thereto, or any re-subdivision of any lot or block therein, before all of the requirements of this chapter have been complied with shall be fined as determined by separate ordering of City Council for each lot, block or part thereof so disposed of, offered for sale or lease.
(B) Any person, firm, partnership or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. In addition to any other penalty authorized by this section, any person, firm, partnership or corporation convicted of violating any of the provisions of this chapter shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.
(C) Any person, firm, partnership or corporation or otherwise, failing to comply with the provisions of this chapter without the expressed consent of the City Council, shall be subject to the penalty provision herein or elsewhere provided even though the final plat plans have been approved by the City Council or other expressly authorized official acting within that official’s expressed authority.
(D) Notwithstanding anything herein, the city shall also have the right to pursue other remedies available under the law, including seeking injunctive relief, and all expenses of the city in seeking such relief, including, but not limited to, actual attorneys’ fees and court costs, shall be the responsibility of the person(s) alleged to have violated this chapter.
(E) Performance guarantee funds can be used for costs of enforcement of this chapter including actual attorneys’ fees.
(Ord. 3319, passed 2-22-2005)