Fines shall be assessed in the amounts specified by resolution or ordinance of the City Council or, where no amount is specified, in the following amounts:
A. Any violation of this Code that is punishable as an infraction shall be subject to a fine in the following amounts:
1. A fine not exceeding one hundred dollars ($100.00) per Code provision, condition of approval of permit or entitlement, condition of environmental review, or City agreement violated for the first administrative citation;
2. A fine not exceeding two hundred dollars ($200.00) per Code provision, condition of approval of permit or entitlement, condition of environmental review, or City agreement violated for a second administrative citation for violation of the same Code provision issued within a twelve (12) month period; and
3. A fine not exceeding five hundred dollars ($500.00) per Code provision, condition of approval of permit or entitlement, condition of environmental review, or City agreement violated in any subsequent administrative citation issued for violation of the same Code provision within a twelve (12) month period.
B. Any violation of this Code, condition of approval of permit or entitlement, condition of environmental review, or City agreement that is punishable as a misdemeanor shall be subject to a fine not to exceed one thousand dollars ($1,000.00) per Code provision violated.
C. Notwithstanding any other provision of this Code, a violation of any City Building and Safety Code determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation;
2. A fine not exceeding seven hundred dollars ($700.00) for a second violation within a twelve (12) month period of the first violation; and
3. a. A fine of one thousand three hundred dollars ($1,300.00) for a third violation within twelve (12) months of the first violation; and
b. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same Code provision within twenty four (24) months of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
D. Any person or entity subject to a fine pursuant to subsections A2 and A3, and C2 and C3 of this section may seek a hardship waiver to reduce the amount of such fine by filing an appeal of the administrative citation in accordance with section 1.22.080 of this chapter and the amount of the fine imposed thereby, and by submitting concurrently with such appeal the information required by subsection 1.22.090D of this chapter and written documentation showing that the responsible party for the violation has made a bona fide effort to comply after the first violation, and that payment of the full amount of the fine would impose an undue financial burden on the responsible party. Notwithstanding the provisions of section 1.22.080 of this chapter relating to appeals of administrative citations, no advance deposit shall be required for such appeal if only a reduction in the amount of the fine is being sought, and the underlying violation of the administrative citation is not being contested. (Ord. 2887, 2019)