(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:
(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)