(a) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this Code heretofore or hereafter enacted or the provisions of any Code adopted by reference by this Code, or any condition of any permit, license, or other entitlement issued pursuant to this Code. Any person violating any such provision or failing to comply with any of the mandatory requirement of this Code, or any Code adopted by reference by this Code, shall be guilty of an infraction, unless the citing official or the prosecuting attorney determines that it would in the interests of justice to prosecute the offense as a misdemeanor. All violations or failures to comply that are specifically declared to be misdemeanors elsewhere in this Code, or any Code adopted by reference by this Code, shall be prosecuted as misdemeanors unless the citing official or the prosecuting attorney determines that it would be in the interests of justice to prosecute the offense as an infraction.
(b) Any person convicted of an infraction under the provisions of this Code, or any Code adopted by reference by this Code, shall be punished by:
(1) A fine not exceeding One Hundred Dollars ($100.00) for a first violation;
(2) A fine not exceeding Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year; and
(3) A fine not exceeding Five Hundred Dollars ($500.00) for each additional violation of the same provision within one (1) year.
(c) Any person convicted of a misdemeanor shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
(d) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Code, or the provisions of any Code adopted by reference by this Code, is committed, continued, or permitted by such person and shall be punishable accordingly.
(e) In addition to the penalties provided by this section, or elsewhere in this Code, or in any Code adopted by reference by this Code, any condition caused or permitted to exist in violation of any of the provisions of this Code, or the provisions of any Code adopted by reference by this Code, shall be 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.
(f) A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate, or cause the abatement of, a violation of this code or any public nuisance, or in any appeal or other judicial action arising therefrom, is entitled to recover reasonable attorneys' fees. Attorney's fees are not recoverable by any party as a prevailing party unless the City elects in writing to seek recovery of the city's attorney's fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorneys' fees in favor of any party. Unpaid attorney's fees shall constitute a debt that is collectible in any manner allowed by law.
(g) Any person who violates any provision or fails to comply with any requirement or provision of this Code heretofore or hereafter enacted or any provision of any Code adopted by reference by this Code shall be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the City Attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.
(§ 1, Ord. 2094, eff. August 14, 1980, as amended by § 1, Ord. 2274, eff. May 31, 1984, § 1, Ord. 2468, eff. July 5, 1990, § 1, Ord. 2469, eff. July 5, 1990, § 1, Ord. 2843, eff. November 19, 2006, § 2, Ord. 3230, eff. January 19, 2023)