A. Violating Chapter: Any person, firm or corporation whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this chapter or who violates or fails to comply with any order or regulation made hereunder shall be guilty of a misdemeanor, and upon conviction thereof, shall be punishable as provided for class 1 misdemeanors by Arizona Revised Statutes. Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during which such violation or failure to comply with this chapter is committed, continued, or permitted. Upon a finding of responsibility for a violation of this chapter, the penalty shall be set by the magistrate and shall be not less than five hundred dollars ($500.00) nor more than the maximum allowed by the Arizona Revised Statutes for a class 1 misdemeanor. Each twenty four (24) hour period may constitute an additional violation and subject to an additional fine.
B. Civil Infraction: In addition to any other sanction or remedy that may be available, a violation of or failure to comply with any provision of this chapter shall be a civil infraction and shall be subject to enforcement and civil penalties. Any grading or clearing contrary to the provisions of this chapter is unlawful and constitutes a public nuisance.
C. Action To Enforce Chapter: For any violation of this chapter, the city attorney may, and upon order of the common council shall, commence all necessary actions or proceedings to enforce the provisions of this chapter including, but not limited to, actions to abate, enjoin or restore the property in question.
D. Remedies: All remedies concerning this chapter shall be cumulative and not exclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions and shall not prevent the enforced correction or remediation thereof. In addition to the other remedies provided herein, any adjacent or neighboring property owner specially damaged by the violation of any provision of this chapter may institute, in addition to any other appropriate remedy or preceding an action for injunction, mandamus, or proceeding to prevent, abate or restore such unlawful clearing. (Ord. 04-2004, 6-29-2004)