A. Criminal Penalties: Any person who violates any of the provisions of this title, or who fails to comply with an order of suspension, revocation or stop work issued pursuant to the provisions of this title, shall be deemed guilty of a class B misdemeanor and, upon conviction thereof, shall be punished as set forth in title 1, chapter 4, article A of this code.
B. Civil Penalties: Failure to correct a violation of this title after notice of violation and expiration of the applicable warning period may be enforced by imposition of the following civil penalties pursuant to title 1, chapter 4, article B of this code:
1. The first civil citation issued after expiration of the warning period shall subject the person to the initial penalty as provided in subsection C of this section.
2. The second civil citation issued after expiration of the warning period and the prior imposition of the initial penalty shall subject the person to the intermediate penalty as provided in subsection C of this section.
3. Any subsequent civil citation issued after expiration of the warning period and the prior imposition of an intermediate penalty, or any reoccurring violation under section 1-4B-6 of this code, shall subject the person to the maximum penalty as provided in subsection C of this section.
C. Penalty Schedule: Violations of this title shall carry civil penalties pursuant to the following schedule:
Violation Classification | Initial Penalty | Intermediate Penalty | Maximum Penalty | |
Violation Classification | Initial Penalty | Intermediate Penalty | Maximum Penalty | |
1. Failure to remove snow or ice as required by section 7-2-8 of this title | $ 25.00 | $ 50.00 | $100.00 | |
2. Vegetation or structures within a sight triangle of a lot obstructing the view of drivers under section 7-3-1 of this title | 125.00 | 250.00 | 500.00 | |
3. Failure to adequately display a building address as required by section 7-1-3 of this title | 25.00 | 50.00 | 100.00 | |
4. Unlawful deposits or accumulations upon the sidewalk, parking, gutter or half of the street next to property owned, occupied or under the control of the violator, as prohibited by section 7-2-1 of this title: | ||||
For deposits or accumulations of leaves, snow or ice | 25.00 | 50.00 | 100.00 | |
Any other deposit or accumulation | 125.00 | 250.00 | 500.00 | |
5. Failure to maintain landscaping within the public way in the manner required under section 7-2-11 of this title | 125.00 | 250.00 | 500.00 | |
6. Unlawful structures upon or in sidewalks, parkways or other portion of the public way in violation of section 7-2-3 of this title | 125.00 | 250.00 | 500.00 | |
7. Failure to alter, modify or relocate facilities located in the public way in violation of section 7-5-10 of this title | 125.00 | 250.00 | 500.00 | |
8. Failure to obtain a permit required under the provisions of this title | 500.00 | 1,000.00 | 1,000.00 | |
9. Failure to comply with a stop work issued pursuant to the provisions of this title | 500.00 | 750.00 | 1,000.00 | |
250.00 | 500.00 | 1,000.00 | ||
11. Other violations of this title | 125.00 | 250.00 | 500.00 | |
D. Injunctive Relief: This title may also be enforced by injunction, mandamus, abatement or any other appropriate judicial action in law or equity.
E. Separate Offense Each Day: Each day that any violation of this title continues or occurs shall be considered a separate offense for purposes of the penalties and remedies available to the city.
F. Penalties And Remedies Cumulative: Any one, all, or any combination of the penalties and remedies available to the city may be used to enforce the provisions of this title.
(Ord. 2015-33, 7-7-2015)