8.96.070 Violations and penalties.
A. Criminal and Civil Actions. No responsible party, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the building official hereunder. For purposes of this chapter "person" includes individuals, partnerships, corporations or other business forms. Any person violating the provisions of this section or any other provision of this chapter shall be guilty of a misdemeanor for each day such violation continues. Any person violating the provisions of this section or any other provision of this chapter shall also 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 seek civil penalties in any civil action brought to enforce any provision of this chapter.
B. Administrative Penalties. In addition to criminal sanctions, civil penalties as provided in this section, and other remedies set forth in this chapter, administrative penalties may be imposed pursuant to Chapter 1.28 of this code against any responsible party, whether owner, lessee, sublessor or sublessee or occupant of any premise in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 1.28 of this code.
C. Reasonable Period to Correct Violations. No administrative penalty shall be imposed for violations of city building, plumbing, electrical, or structural codes or 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 chapter shall be thirty (30) days from service of a notice and order issued pursuant to this chapter.
D. 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 § 22; Ord. 2000-017 § 4(a)(21); prior code § 50.02.203)
