(a) Violations. Whoever violates or fails to comply with any of the provisions of this chapter, including but not limited to a notice to comply issued pursuant to Section 1381.08
(d)(1), is guilty of a misdemeanor of the fourth degree, upon the first offense, and shall be fined not more than two hundred and fifty dollars ($250.00) and subject to imprisonment for up to thirty days, or both, for each day and every day the violation continues to exist beyond the date for which the citation was issued or otherwise during which the defendant failed to comply following the notice to comply issued pursuant to Section 1381.08
(d)(1). Further, if the court finds, in the course of sentencing, that the defendant is a repeat offender, being previously issued a notice to comply pursuant to Section 1381.08
(d)(1) for the same violation within one year of the date of offense in the case sub judice, then the court shall treat the offense as a misdemeanor of the third degree, subject to a fine of not more than five hundred dollars ($500.00) and a term of imprisonment of not more than sixty days, or both, for each and every day of violation, as defined above. Further, the court is hereby authorized and encouraged to order, as a condition of probation or otherwise, that the offender cure the violation of any or all provisions of this chapter upon which the citation and conviction are based, by complying with the notice to comply issued pursuant to Section 1381.08
(d)(1) or otherwise upon such restrictions and within such reasonable time as ordered by the court.
The court is hereby authorized to examine said separate and distinct violations, for purposes of sentencing herein and upon proof of continuous violations, without or notwithstanding the issuance of and conviction upon a separate complaint for each and every day of violation.
(Ord. 1994-183. Passed 10-20-94.)
(b) Application to Officers or Agents. Where the defendant is other than a natural person, subsection (a) hereof shall also apply to any agent, superintendent, officer member or partner who has charge, care or control of the premises either alone or with others.
(c) Other Legal Action. The imposition of any penalty shall not preclude the Director of Law or Prosecutor from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; or to restrain, correct or abate a violation; or to prevent the occupancy of a building, structure or premises; or to require compliance with the provisions of this Code or other applicable laws, ordinances, rules or regulations, or the orders or determinations of the Property Maintenance Officer or the Board of Building and Zoning Appeals.
(Ord. 1974-132. Passed 12-19-74; 2020-149. Passed 2-18-21.)