§ 74-452. Penalties.

(a)

For any violations of this article, any person violating the provisions of this article may be subject to the following penalties:

(1)

First violation. Upon conviction, a fine not less than $50.00 and not more than $1,000.00 and a probationary period not to exceed 90 days.

(2)

Second violation. Upon conviction, a fine not less than $250.00 and not more than $1,000.00, or probationary period not to exceed 180 days with a period of confinement in the city jail not to exceed ten days, or both.

(3)

Third violation. Upon conviction, a fine not less than $500.00 and not more than $1,000.00, or a probationary period not to exceed one year with a period of confinement in the city jail not to exceed 30 days, or both.

(4)

Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(b)

In the event the alleged violator fails to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten days, or such greater period as the department of watershed management shall deem appropriate, after the department has taken one or more of the actions described above, the violator may be subject to a fine not to exceed $1,000.00 for each day the violation remains unremedied after receipt of the notice of violation.

(c)

Businesses and commercial entities. In addition to any other penalty imposed under this article, if any person or business performing work under any contract with the city is found guilty of violating this section, the city may terminate the contract by giving written notice of the termination to the person or business. The contract shall be null and void upon delivery of such notice.

(Ord. No. 2003-75, § 3, 6-24-03)