717.99 PENALTIES.

   (a)    Procedure against Violators. Whenever the Safety Service Director believes that a business under this chapter is being operated or maintained in violation of any of the provisions of this section, he or she may apply, in the name of the Municipality, seek any criminal charges as detailed herein to a court of competent jurisdiction, alleging the violation complained. In addition, the Safety Service Director may seek civil relief by praying for an injunction or other proper relief. In such a case the court may order such business abated as a nuisance or make such other order as may be proper. In addition, the criminal complaint may be initiated in conjunction with, or independent of, any other action.

   (b)    Penalty. Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and subject to criminal prosecution. In addition, a business in violation of this chapter shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100) per day for every day such business is in violation of this chapter. Upon a third (3) violation charged within any eighteen (18) month period. such charge shall be a fourth degree misdemeanor, and may be sought in conjunction or independently of other relief. A licensee may further be subject to other claims, such as loss of nonconforming status or operating a nuisance, when so warranted by law or by the Municipality's Code.

(Ord. 2002-71. Passed 12-10-02.)