8.04.080 Violation-Penalty.
A. Criminal Violations. It is unlawful for any responsible party, person, firm or corporation, whether owner, lessee, manager, sublessor, sublessee or occupant of any premises who to cause, allow, permit or maintain a property, building or structure to exist upon which any of the social nuisances identified in this chapter occur, or to use or occupy the property, building or structure in a way that permit or maintains the same to be done contrary to or in violation of any of the provisions of this code. Each person who violates the provisions of this code shall be guilty of a misdemeanor for each and every day, or any portion of a day during which the such violation exists, is committed, maintained, permitted or continues.
B. Civil Penalties. In addition to any other remedy, including injunctive relief, any person violating the provisions of this chapter shall be subject to a civil action to abate or enjoin the nuisance and shall be liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues. The city attorney may pursue any lawful civil remedy and civil penalties brought to enforce any provisions of this chapter.
C. Administrative Penalties. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this title, administrative penalties may be imposed pursuant to Title 1 of this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premises in violation of any of the provisions of this title. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Title 1 of this code.
D. Reasonable Period to Correct Violations. No administrative penalty shall be imposed for violations of provisions of the Planning and Development Code unless the owner has been provided a reasonable period of time to correct the violation before imposition of the penalty, except in those cases in which there is an immediate danger to health or safety. The reasonable period for purposes of this title shall be 30 days from service of a notice of violation relating to the violation of the Planning and Development Code.
E. The increased civil penalties, imposition of administrative penalties, and modification of the crime classification from an infraction to a misdemeanor shall apply to all violations where a notice and order or other official notice from the city has not been sent to the person in violation prior to the effective date of the ordinance codified in this chapter. The civil penalties and crime classification as provided in the city code prior to the effective date of the ordinance codified in this chapter shall continue to apply to all violations where a notice and order or other official notice of violation was sent by the city prior to the effective date of the ordinance codified in this chapter. (Ord. 2013-0021 § 17; Ord. 2010-021 § 7; Ord. 2001-046 § 3; prior code § 61.02.205)8.04.080
