23.90.020

A. Any person who violates or fails to comply with any of the provisions of this Title 23 and who has had an Order of Judgment entered against them by a court of competent jurisdiction for violating Titles 22 or 23 within the past seven (7) years from the date the criminal charge is filed shall upon conviction be guilty of a gross misdemeanor subject to the provisions of Chapter 12A.02 and 12A.04 , except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request that the City Attorney prosecute such violations criminally as an alternative to the civil procedure outlined in this chapter. Each day of noncompliance with any of the provisions of this Land Use Code shall constitute a separate offense. B. A criminal penalty, not to exceed $5,000 per occurrence, may be imposed: 1. For violations of subsection 23.90.002.D; 2. For any other violation of this Code for which corrective action is not possible, other than violations with respect to commitments to earn LEED Silver ratings, Built Green 4-Star ratings, or ESDS ratings or satisfy alternative standards; and 3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this Code. (Ord. 123589, § 105, 2011; Ord. No. 123209, § 69, 2009; Ord. 122611 , § 16, 2007; Ord. 122407 , § 7, 2007; Ord. 122054 § 98, 2006; Ord. 118414 § 65, 1996; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)