§ 153.554 PENALTIES.
   (A)   No person shall:
      (1)   Fail to comply with any rightful order issued pursuant to the regulations of this code;
      (2)   Fail to obtain the necessary zoning certificate, or fail to obtain the necessary certificate of occupancy or any other necessary permit as established in this code;
      (3)   Fail to comply with the provisions or regulations of this code in the construction, reconstruction, erection, location, alteration, occupancy, or use of a building, structure or any part thereof, or the use of any land;
      (4)   Permit another person to use a building, structure, or land owned by him or her, who fails to comply with any of the foregoing;
      (5)   Fail to comply with a representation made in the application for a zoning certificate or an occupancy certificate or any other permit;
      (6)   Fail to meet any obligation or requirement of this code; or
      (7)   Knowingly make a false statement, or knowingly swear or affirm the truth of a false statement previously made when any of the conditions set forth in subsections 153.554(A)(7)a) through d) below apply:
         a)   The statement is made for the purpose of misleading a member of any city planning commission or board or city official into performing any duty or making any determination required under this code;
         b)   The statement is made with purpose to secure the issuance of any permit or certificate;
         c)   The statement has been sworn or affirmed before a notary public or other person empowered to administer oaths;
         d)   The statement is in writing or in connection with a report, application, or study which is required or authorized.
   (B)   Each day during which a set of facts exists that constitutes a violation of this section shall constitute a separate offense.
   (C)   Penalties.
      (1)   Whoever is convicted of, or pleads guilty to, a misdemeanor or minor misdemeanor shall be sentenced in accordance with § 130.99(B) to (H) of the Springdale Code of Ordinances.
      (2)   Whoever violates any offense stated in subsections 153.554 (A)(1) through 153.554 (A)(7) above of this section is guilty of one of the following:
         a)   Except as otherwise provided in subsections 153.554 (C)(2)b) through 153.554 (C)(2)d) below, a minor misdemeanor;
         b)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to one prior violation of an offense stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the fourth degree.
         c)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to two prior violations of offenses stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the third degree.
         d)   If, within a two-year period of the violation of the zoning code, the offender previously has been convicted of or pleaded guilty to three or more prior violations of offenses stated in subsections 153.554 (A)(1) through 153.554 (A)(7) of this section, the offender is guilty of a misdemeanor of the second degree.
(Ord. 4-2016, passed 3-2-16)