§ 27.2991 — Penalties

§27.2991 Penalties

(a) Any person who violates any part of this division, or who counsels, aids, abets, advises, or participates with another to commit any such violation, is guilty of a misdemeanor and is subject to the penalties set forth in chapter 1 of this code, or if the matter is pursued by the Enforcement Authority as an administrative matter, any person found in violation is subject to the administrative penalties provided for in chapter 2, article 6, division 4. (b) In addition to being subject to the penalties set forth in chapter 1 of this code, any person found guilty of violating sections 27.2935 or 27.2950, or both, shall be required to forfeit the amount received in violation of this division and pay over these funds to the City Treasurer for deposit in the City's General Fund. (c) If, after an election, a candidate or office holder is convicted in a court of law of a violation of any provision of this division, the election to office of such candidate or officeholder shall be void and the office shall become vacant immediately upon the later of the following two dates: (1) The date of the candidate or officeholder's conviction; or (2) The date the candidate would have taken office, if the candidate is not an incumbent. In the event of a vacancy resulting from application of this subsection, the vacancy shall be filled in accordance with the procedures set forth in the City’s Charter for the filling of vacant City offices. (d) If a candidate is convicted in a court of law of violating any provision of this division any time prior to the election, the candidacy shall be terminated immediately and the person shall be no longer eligible for election. (e) Any person convicted in a court of law of a violation of any provision of this division shall be ineligible to hold a City elective office for a period of five years from and after the date of the conviction. (f) Any limitation of time prescribed by law within which prosecution for a violation of any part of this division must be commenced shall not begin to run until the City’s discovery of the violation.

(Amended 9-12-2000 by O-18846 N.S.) (Repealed and added 9-7-2004 by O-19317 N.S.; effective 1-5-2005.)