A. Causing Or Permitting Nuisance; Duty To Abate: It shall be unlawful for any owner or occupant of any lot, tract or parcel of land to cause or permit any nuisance as defined in section 12-8-1 of this chapter to be created or to remain upon such premises; and it shall be the duty of such owner or occupant to abate and remove any such nuisance from such premises.
C. Misdemeanor: Any person violating the provisions of this chapter shall be guilty of a class B misdemeanor, punishable as provided under title 1, chapter 4 of this code. Every day that a violation continues shall be considered a separate offense and shall be punishable as provided herein.
D. Civil Penalties: Any person who owns or occupies any lot, tract or parcel of land and fails to abate within the required time period any nuisance defined in section 12-8-1 of this chapter, after service of notice pursuant to section 12-8-3 of this chapter, shall be liable for a civil penalty in the amount of one hundred twenty five dollars ($125.00) unless a greater civil penalty is required herein. If abatement of the same type of nuisance is required by the city a second time within the same season or calendar year as applicable, the owner or occupant shall be liable for a civil penalty in the amount of two hundred fifty dollars ($250.00). If abatement is required by the city a third time within the same season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00). Notwithstanding the above, if the owner or occupant was assessed a civil penalty for the same type of violation on the same property in the prior calendar year or season, the owner or occupant shall be liable for a civil penalty in the amount of five hundred dollars ($500.00) upon any failure to abate within the required time period or upon any abatement performed by the city. Imposition and collection of such civil penalty shall comply with the procedures provided in title 1, chapter 4, article B of this code.
(Ord. 2005-29, 5-24-2005)