(a) Criminal Penalties.
(1) Whoever violates or fails to comply with any provision of these regulations, or a valid order issued pursuant thereto, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. A separate and complete offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(2) Regardless of the penalty otherwise provided in this section, an organization convicted of a violation of or noncompliance with these regulations, or with any rule or regulation adopted by the Development Services Director or the Planning and Zoning Commission pursuant to authority granted by these regulations, is guilty of a misdemeanor of the third degree and shall be fined not more than three thousand dollars ($3,000).
(b) Civil Penalties. The violation of, or failure to comply with, any of the provisions of these regulations is hereby declared to be unlawful and, in addition to any other remedy, is subject to the following civil penalty:
(1) Any person who violates or fails to comply with any of the provisions of these regulations, or a valid order issued pursuant thereto, or fails to bring property into compliance with these regulations following the issuance of an order by the Development Services Director, shall be subject to a penalty as provided in the fee schedule established pursuant to Section 1252.04. The penalty provided herein shall be calculated for each violation from the day set forth in the notice of violation when compliance should have been effected, and will run until the violation has been removed.
(2) On the date established for compliance, the Development Services Director shall reinspect the property to determine whether each violation contained in the notice of violation has been removed. If the Development Services Director is unable to reinspect the property on the compliance date set forth in such notice, then the person served with the notice may serve upon the Development Services Director an affidavit setting forth the facts showing compliance with the notice, and such affidavit shall serve as notice of compliance, unless, upon inspection by the Development Services Director, it is found that any or all of the violations set forth in the notice of violation remain uncorrected. If the violation or violations are found to be uncorrected, the affidavit shall be of no effect and the penalty provided herein shall be assessed from the date when compliance should have been effected.
(Ord. 2014-27. Passed 8-5-14.)