5.88.040: PENALTIES FOR CIVIL VIOLATIONS:

   A.   The following penalties shall be imposed where a notice of violation is issued for a violation of the City ordinances set forth in this title:

      1.   Where a notice of violation has been issued for a first violation of a City ordinance, such notice of violation shall constitute a written warning.

      2.   Where a notice of violation has been issued for a second violation of a City ordinance, the recipient of such notice of violation shall pay a civil penalty of two hundred fifty dollars ($250.00).

      3.   Where a notice of violation has been issued for a third violation of a City ordinance, the recipient of such notice of violation shall pay a civil penalty of five hundred dollars ($500.00).

      4.   Where a notice of violation has been issued for a fourth or subsequent violation of a City ordinance, the recipient of such notice of violation shall:

         a.   Pay a civil penalty of five hundred dollars ($500.00); and

         b.   Shall be placed on probation for a period of one (1) year from the date on which the notice of violation was issued.

      5.   If, during the period of probation specified in subsection A4b of this section, a notice of violation is issued for a violation of the same ordinance that resulted in such probation, then:

         a.   The recipient of such notice of violation shall pay a civil penalty of five hundred dollars ($500.00);

         b.   The business license of the recipient of such notice of violation shall be revoked; and

         c.   The recipient of such notice of violation may not reapply for a new business license for at least six (6) months from the date of revocation.

   B.   Any reference to second, third, fourth, and subsequent violations refers to repeat violations of the same City ordinance that occur within a twenty four (24) month period.

   C.   The City may not revoke a business license pursuant to subsection A5b of this section without satisfying the due process requirements set forth in sections 5.02.250, 5.02.260, and 5.02.290 of this title.

   D.   If the alleged ordinance violation involves an ordinance located in chapter 5.08, 5.09, 5.14, 5.15, 5.51, 5.61, 5.71, or 5.72 of this title, then the more specific enforcement provisions, processes, and penalties set forth in the chapter that corresponds to the violation shall supersede the provisions of this section. (Ord. 31-17, 2017)