(a) Criminal Penalties.
(1) Whoever violates or fails to comply with any of the provisions of this Code or any valid order issued pursuant thereto, for which no penalty is otherwise provided, is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both. A separate 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 this Code, or any rule or regulation adopted by the Development Services Director or the Planning and Zoning Commission pursuant to authority provided by this Code, shall be guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) Civil Penalty. The violation of, or failure to comply with, any of the provisions of this Code 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 this Code or a valid order issued pursuant thereto, or who fails to bring property into compliance with this Code following the issuance of an order by the Development Services Director, shall be subject to a civil penalty as provided in the fee schedule.
(2) Such penalty shall be calculated for each violation from the date when compliance should have been effected, as set forth in the notice of violation, and will run until the violation has been removed.
(3) 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.)