(A) Any violation of any of the provisions of or failing to comply with any of the mandatory requirements of the ordinances of the City is a misdemeanor, unless the violation is made an infraction by ordinance or through the discretion of the enforcement officer, city attorney, or prosecuting counsel.
(B) Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars ($1,000.00), or by imprisonment not to exceed six (6) months, or by both such fine and imprisonment.
(C) Any violation of this code determined to be an infraction is punishable by:
1. A fine not exceeding one hundred ($100.00) for a first violation.
2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year of the first violation.
(D) Notwithstanding any other provision of law, a violation of local building and safety codes determined to be an infraction is punishable by the following:
1. A fine not exceeding one hundred thirty dollars ($130.00) for a first violation.
2. A fine not exceeding seven hundred dollars ($700.00) for a second violation of the same ordinance within one year.
3. A fine not exceeding one thousand three hundred dollars ($1,300.00) for each additional violation of the same ordinance within one year of the first violation.
4. A fine not exceeding two thousand five hundred dollars ($2,500.00) for each additional violation of the same ordinance within two (2) years of the first violation if the property is a commercial property that has an existing building at the time of the violation and the violation is due to failure by the owner to remove visible refuse or failure to prohibit unauthorized use of the property.
For fines issued under subsections C2, C3, D2, D3, and D4 of this section, the process in title 1, chapter 3, section 1-3-7 of this code for considering a hardship waiver to reduce the fine applies. For fines under this section, the City may change the capped amounts as needed by resolution of the council. For fines assessed under this section, it is within the discretion of the enforcement officer or other official authorized to issue such fine to determine the fine amount or any applicable reduction as the case may be in the interest of justice.
(E) When a violation at issue in an administrative citation subject to a fine or penalty pertains to any violation of title V (Building Regulations) or the title VI (Planning and Zoning), that does not create an immediate danger to health or safety, the responsible party(ies) shall be provided a reasonable period of time, not longer than thirty (30) days, to correct or otherwise remedy the violation prior to the imposition of administrative fines or penalties. Notwithstanding the foregoing, immediate imposition of administrative fines or penalties for the violation of title V (Building Regulations) or the title VI (Planning and Zoning) may be had if the violation exists as a result of, or to facilitate, the illegal cultivation of cannabis. However, a reasonable period of time for the correction or remedy of the violation prior to the imposition of administrative fines or penalties is required in such circumstance if all of the following are true: (i) a tenant is in possession of the property that is the subject of the administrative action; (ii) the rental property owner or agent can provide evidence that the rental or lease agreement prohibits the cultivation of cannabis; (iii) the rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection, or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.
(F) Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the code is committed, continued or permitted by any such person, and he shall be punishable accordingly. (Ord. 694-02, 8-20-2002; amd. Ord. 852-23, 7-18-2023)
Notes
| 1 | 1. See also chapter 3 of this title. |