A. Misdemeanor Violation. Failure to comply with any of the requirements of this Chapter is a misdemeanor punishable by imprisonment in the County jail for a period not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both, provided that where the City Attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction.
B. Infraction Violation. Where the City Attorney determines that, in the interest of justice, a violation of this Chapter is an infraction, such infraction is punishable by a fine not exceeding one hundred dollars ($100.00) for a fist violation, a fine not exceeding two hundred dollars ($200.00) for a second violation of the same provision within one (1) year, and a fine not exceeding five hundred dollars ($500.00) for each additional infraction violation of the same provision withing one (1) year. An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him/her, unless he/she is arrested and not released on his/her written promise to appear, his/her own recognizance or a deposit of bail. However, any person who has previously been convicted two (2) or more times during any twelve (12) month period for any violation of this Chapter for a crime made punishable as an infraction shall be charged with a misdemeanor upon the third violation.
C. Separate Offense. Each person committing, causing or maintaining a violation of this Chapter or failing to comply with the requirements set forth herein shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this Chapter is committed, continued, maintained or permitted by such person and shall be punishable accordingly.
D. Civil Remedies Available; Remedies Cumulative. In addition to the penalties provided in this Section, any condition caused or permitted to exist in violation of any of the provisions of this Chapter shall constitute a public nuisance and may be abated by the City by civil process by means of a restraining order, preliminary or permanent injunction or in any manner provided by law for the abatement of such nuisance. All remedies herein are cumulative and non-exclusive.
E. Administrative Citation/ Administrative Civil Penalty. In lieu of issuing a criminal citation, the City may issue an administrative citation pursuant to Chapter 9.92 of this Municipal Code or an Administrative Civil Penalty pursuant to Chapter 9.93 of this Municipal Code, to any person responsible for committing, causing or maintaining a violation of this Chapter. Nothing in this Section shall preclude the City from also issuing a citation upon the occurrence of the same offense on a separate day.
F. Additional Penalties; Costs of Abatement. Nothing in this Chapter shall preclude the City from pursuing the remedies made applicable hereto elsewhere in this Municipal Code or under State law, including but not limited to, as applicable, denial or revocation of certificates of occupancy and injunctive relief. In any administrative or criminal proceeding involving the abatement of a public nuisance, the City shall also be entitled to recover its full reasonable costs f abatement, including, but not limited to, investigation, analysis and prosecuting the enforcement against the guilty party, upon submission of proof of such cost by the City.
G. Public Nuisance Remedies. The prevailing party in any proceeding associated with the abatement of a public nuisance as provided herein, shall be entitled to recovery of attorneys' fees incurred in any such proceeding, where the City has elected, at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.