A. Fine Or Penalty: Whoever causes, erects, suffers or maintains any nuisance or other offense prohibited by this chapter shall be guilty of a misdemeanor and shall be fined as provided in the general penalty in section 1-4-1 of this code. Whoever causes, erects, suffers or maintains any nuisance or other offense prohibited by this chapter shall be deemed to have committed a municipal infraction, and shall be assessed the civil penalty described in section 1-4-4 of this code. For each separate incident, the city shall elect to treat the violation as a misdemeanor or a municipal infraction, but not both. If a violation is repeated, the city may treat the initial violation as a misdemeanor and the repeat violation as a municipal infraction, or vice versa. Each day that a nuisance or other offense remains shall constitute a separate violation. Any nuisance or offense, when a conviction thereof is had, shall be abated by the chief of police or other proper officer at the expense of the defendant. (Ord. 09-20, 10-19-2009)
B. Abatement Without Prosecution; Assessment: Whenever any nuisance exists upon, in front of, or along any lot or parcel of land within the city, whether such lot or parcel of land is occupied or unoccupied, instead of prosecuting the owner of the premises or his agent, the chief of police may cause such nuisance to be abated either after notice or, in case of emergency, immediately without notice. The abatement shall be done at the expense of the owner, and the city may specially assess the expense to the property as a tax, which shall be collected as other taxes are collected. (Ord. A-205, 2-20-1973)