(a)
All
violations of this Code are a misdemeanor, unless made an infraction
by ordinance; provided, however, that City shall have the prosecutorial
discretion to cite misdemeanor violations of this Code as an infraction
(b)
Violations
of provisions determined to be an infraction under the provisions
of this Code, or any code adopted by reference by this Code, shall
be punished by:
(b.1)
Notwithstanding any other provision
of law, a violation of local building and safety codes determined
to be an infraction under this Code are punishable by:
(1)
A fine not exceeding $130 for a first violation;
(2)
A fine not exceeding $700 for a second violation of the same ordinance
within one year;
(3)
A fine not exceeding:
(A)
One thousand three hundred dollars for each additional violation
of the same ordinance within one year of the first violation.
(B)
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.
(c)
Any
person who violates a provision of this Code not specifically deemed
an infraction by this Code shall be punished by a fine of not more
than $1,000, or by imprisonment in the county jail for a period not
exceeding six months, or by both such fine and imprisonment.
(d)
Each
such person shall be guilty of a separate offense for each and every
day during any portion of which any violation of or failure to comply
with any provision of this Code, or the provisions of any code adopted
by reference by this Code, is committed, continued or permitted by
such person and shall be punishable accordingly.
(e)
In
addition to the penalties provided by this section, or elsewhere in
this Code, or in any code adopted by reference by this Code, any condition
caused or permitted to exist in violation of any of the provisions
of this Code, or the provisions of any code adopted by reference by
this Code, shall be deemed a public nuisance and may be abated by
the City, and each day such condition continues shall be regarded
as a new and separate offense.
(f)
In
any civil action, administrative proceeding or special proceeding
commenced by the City to abate a public nuisance, to enjoin a violation
of any provision of this Code, or to collect a civil debt owing to
the City, the prevailing party shall be entitled to recover from the
defendant in any such action reasonable attorney's fees and costs
of suit. Provided, however, that recovery of attorney's fees shall
be limited to those individual actions or proceedings in which the
City elects, at the initiation of that individual action or proceeding,
to seek recovery of its own attorneys' fees. Provided further, that
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.
(Ord. 85-1095 § 2, eff. 3/19/85; Ord. 2004-01, eff. 2/20/04; Ord.
2007-08, eff. 7/5/07; Ord. 2022-04, eff. 7/6/22)