§ 150.99 PENALTY.
   (A)   (1)   Whenever in §§ 150.01 et seq. an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in §§ 150.01 et seq. 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 therefore, the violation of any provision or the failure to perform any act shall be punishable by a fine not to exceed $500.
      (2)   Each day any violation or failure to perform the act shall continue shall constitute a separate offense and is a separate violation of an ordinance of this city, unless otherwise specifically provided.
   (B)   (1)   The provisions of the penalties in this section shall not be deemed a waiver of the rights of the city to invoke the equity jurisdiction of the district court in compelling abatement of any condition which constitutes an urban nuisance under §§ 150.01 et seq.
      (2)   The action for the abatement of an urban nuisance shall be governed by the General Rules of Civil Procedure.
      (3)   A civil action to abate an urban nuisance of §§ 150.01 et seq. 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 an urban nuisance.
      (4)   When judgment is against the defendant in an action to abate an urban nuisance of this section, he or she shall be adjudged to pay all court costs and a reasonable fee for the plaintiff’s attorney.
(Ord. 910, passed 7-24-2001)