Subd. 1. Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
Subd. 2. Notice of violation. The code officer shall serve a notice of violation or order in accordance with § 11.07 of this code.
Subd. 3. Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 11.07 of this code shall be subject to criminal prosecution and/or civil penalty subject to the rules and procedures of City Code § 1.03 and § 1.13. A violation of any provision of this section, division, paragraph, or provision of this code shall be determined to be a strict liability offense. Each day's violation after notice thereof shall constitute a separate offense.
A. Criminal penalties. Any person convicted of violating any provision of this section, division, paragraph, or provision of this code is guilty of a misdemeanor and shall be punished by a fine not to exceed $1,000 or imprisonment for not more than 90 days, or both, plus the costs of prosecution in either case except as otherwise stated in specific provisions hereof. Each day's violation after notice thereof shall constitute a separate offense.
B. Civil penalties. Any violation of this section, division, paragraph, or provision of this code, if not charged as a misdemeanor, shall constitute an administrative offense subject to the rules and procedures of § 1.13 of the City Code. Any violation constituting an administrative offense shall result in the imposition of a civil penalty in an amount as set forth in the city’s fine and fee schedule adopted and amended from time to time by the City Council.
Subd. 4. Repeat violations. A second violation of a provision of this code by the same person within the same 365-day period, if not charged as a misdemeanor, shall result in the imposition of a doubled fine, as set forth in the city’s fine and fee schedule adopted and amended from time to time by the City Council.
Subd. 5. Imposition of penalties and abatement. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct, or abate a violation, or to prevent illegal occupancy of a building, structure, or premises, or to stop an illegal act, conduct, business, or utilization of the building, structure or premises. The costs of any and all actions taken by the city to abate said violation(s) may be assessed to the landowner, including legal fees and costs, and said assessment shall be a specific lien against any real estate owned by said landowner.
(Ord. 69, Fourth Series, passed 4-6-2021)