(A) (1) Whenever in this chapter an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in this chapter the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any provision or the failure to perform any act shall be punishable by a fine of not exceeding $300 or by imprisonment not to exceed 90 days, or by both the fine and imprisonment, in the discretion of the court.
(2) Each day any violation or failure to perform the act shall continue shall constitute a separate offense and a separate violation of an ordinance of this city.
(B) (1) The penalty provisions of this chapter shall not be deemed a waiver of the right of the city to invoke the equity jurisdiction of the district court in compelling abatement of any condition which constitutes a nuisance.
(2) The action for the abatement of a public nuisance shall be governed by the general rules of civil procedure.
(3) A civil action to abate a public nuisance may be brought, by verified complaint in the name of the city, by any public officer or private citizen in the district court against any person who shall create, perform, or maintain a public nuisance.
(4) When judgment is against the defendant in an action to abate a public nuisance, he or she shall be adjudged to pay all court costs and a reasonable fee for the complainant’s attorney, when the suit is not prosecuted exclusively by the City Attorney.
(Ord. 893, passed 10-12-1999)