(a) 
It is unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this code. A violation of this code shall constitute a misdemeanor; except that notwithstanding any other requirement of the code, any violation constituting a misdemeanor under this code may, in the discretion of the city attorney or other prosecutor, be charged and prosecuted as an infraction. Notwithstanding any other provision of this code to the contrary, any person convicted of a misdemeanor shall be punishable by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not more than six months or by both such fine and imprisonment. Each day such violation continues shall be regarded as a new and separate offense.
(b) 
Any person charged and convicted of an infraction under the provisions of this code is punishable by:
(1) 
A fine not exceeding one hundred dollars for a first violation.
(2) 
A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year.
(3) 
A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.
(c) 
Notwithstanding any other 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 for a first violation.
(2) 
A fine not exceeding seven hundred dollars for a second violation of the same ordinance within one year.
(3) 
(A) 
A fine not exceeding one thousand three hundred dollars for each additional violation of the same ordinance within one year of the first violation.
(B) 
A fine not exceeding two thousand five hundred dollars for each additional violation of the same ordinance within two 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.
(d) 
Notwithstanding any other law, including subsections (b) and (c), the violation of a short-term rental ordinance that is an infraction is punishable by the following:
(1) 
A fine not exceeding one thousand five hundred dollars for a first violation.
(2) 
A fine not exceeding three thousand dollars for a second violation of the same ordinance within one year.
(3) 
A fine not exceeding five thousand dollars for each additional violation of the same ordinance within one year of the first violation.
(e) 
Fines levied pursuant to subsections (b)(2) and (3), (c)(2) and (3), and subsection (d), shall be subject to a hardship waiver to reduce the amount of the fine upon a showing by the responsible party to the court no later than thirty days after the fine is imposed that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(f) 
In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is a public nuisance and may be, by this city, abated as such by any lawful means, including injunctive relief. Each day such condition continues shall be regarded as a new and separate offense.
(g) 
In addition to the penalties and remedies provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this code is also subject to a civil penalty of up to one thousand dollars per day for each and every day such condition continues.
(Ord. 546 § 1, 1969; Ord. 1232 § 1, 1995; Ord. 1487 § 1, 2013; Ord. 1492 § 1, 2013; Ord. 1509 § 1, 2016; Ord. 1591 § 5, 2022)
The repeal of ordinances or parts of ordinances effectuated by the enactment of the ordinance codified herein shall not be construed as abating any actions now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accrued or to accrue or as waiving any right of the municipality under any section or provisions existing at the time of the passage of the ordinance codified herein.
(Ord. 546 § 3, 1969; Ord. 1487 § 1, 2013)
(a) 
Recovery of Attorneys' Fees Authorized for Certain Nuisances upon Election by City. In any action, administrative proceeding or special proceeding commenced by the city to abate a public nuisance, if the city elects at the initiation of that individual action or proceeding to seek recovery of its own attorneys' fees, the prevailing party shall be entitled to recover its attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
(b) 
Prevailing Party. In addition to any other determination of prevailing party authorized pursuant to applicable law, the city shall be considered a prevailing party entitled to its attorneys' fees under subsection (a) when it can demonstrate that:
(1) 
Its lawsuit was the catalyst motivating the defendant to provide the primary relief sought;
(2) 
The lawsuit was meritorious and achieved its result by "threat of victory"; and
(3) 
The city reasonably attempted to settle the litigation before filing the lawsuit.
(c) 
Remedies Cumulative. The remedies contained in this section are cumulative to one another and to any other remedy available by law or in equity to the city.
(Ord. 1487 § 1, 2013)