8.40.170   Penalties.
   It is unlawful and a misdemeanor to maintain property or premises conducive to creating a public nuisance in violation of this chapter or to refuse to abate such nuisance when ordered to do so by the enforcement officer in accordance with the abatement provisions of this chapter or state law where such is applicable. Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction.
   A.   Any person convicted of a misdemeanor under this chapter shall be punished by: (1) a fine not to exceed five hundred dollars ($500.00) and/or thirty (30) days in the county jail for a first violation; (2) a fine not exceeding one thousand dollars ($1,000.00) and/or ninety (90) days in the county jail for a second violation of this chapter within one year; and (3) a fine not exceeding two thousand five hundred dollars ($2,500.00) and/or six months in the county jail for each additional violation of this chapter within one year.
   B.   Any person convicted of an infraction under this chapter shall be punished by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation of this article within one year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one year.
   C.   Each day that a violation continues shall be regarded as a new and separate offense. (Ord. 2006-16, passed § 2 (part), 2006)