Section 29-39 Violation and penalties.
Prior to the adoption of Ord. 19311 on 12/04/2006, Section 29-39 read as follows.
(a) In case any building is erected, constructed, reconstructed,
altered, converted or
maintained, or any building or land is used in violation of this chapter
or any ordinance passed
pursuant to this chapter including any statement of intent or other exhibit or attachment to such
ordinance
, the proper local authorities of the city, in addition to the other remedies, may institute
any appropriate action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such
violation, to prevent the occupancy of such building or land, or to prevent any illegal act,
conduct, business or use in or about such premises. Such regulations shall be enforced by the
director of public works, who is empowered to cause any building, place or premises to be
inspected and examined and to order in writing the remedying of any condition found to exist
therein or thereat in violation of any provision of this chapter enumerated herein
or any condition
or other provision of an ordinance passed pursuant to this chapter
.
(b) The owner or general agent of a building or premises
where a violation of any provision
of the regulations of this chapter
or any condition or other provision of an ordinance passed
pursuant to this chapter
has been committed or shall exist, or the lessees or tenant of an entire
building or entire premises where such violation has been committed or shall exist, or the owner,
general agent, lessee or tenant of any part of the building or premises in which such violation has
been committed or shall exist, or the general agent, architect, builder, contractor, or any other
person who commits, takes part or assists in any such violation or who maintains any building or
premises in which any such violation shall exist, shall be guilty of a misdemeanor punishable by
a fine of not less than ten dollars ($10.00) and not more than one
two
hundred
fifty
dollars
($100.00
250.00
) for each and every day that such violation continues, but if the offense be willful, on conviction
thereof,
or by imprisonment for ten (10) days for each and every day such violation shall
continue or by both such fine and imprisonment in the discretion of the court. However, for the
second and subsequent offenses involving the same violation at the same building or premises,
the punishment shall be a fine of not less than one hundred dollars ($100.00) or more than two
five
hundred fifty dollars ($250.00
500.00
) for each and every day that such violation shall
continue, by imprisonment for ten (10) days for each and every day such violation shall continue,
or by both such fine and imprisonment, in the discretion of the court. Any such person who,
having been served with an order to remove any such violation, shall fail to comply with such
order within ten (10) days after such service, or shall continue to violate any provision of the
regulations made under authority of this chapter in the respect named in such order, shall also be
subject to a civil penalty of two hundred fifty dollars ($250.00).
(Code 1964, § 19.320; Ord. No. 9958, § 1, 10-3-83)