§ 8-2094. Charges, summons, penalty.

(a)

Charges answerable in court. Upon the failure of the owner or operator upon whom the notice is served to correct the violation specified, the enforcement officer shall be authorized to issue to such owner or operator a written copy of charges and summons, directing such owner or operator to appear before the court at a specified time and place to answer the charges.

(b)

Emergency power prescribed. Notwithstanding the provisions of section 8-2087 whenever the enforcement officer shall determine that the conditions constitute a clear and present danger or hazard to the health, safety or morals of persons or property, he shall be authorized to cause the summons provided by section 8-2094(a) above to issue instanter, or to take such other action consistent with law as he deems proper to exercise consistent with the emergency situation presented.

(c)

Penalties. Failure to comply with any provision of this Code shall constitute an offense and shall be punishable as follows:

(1)

Upon first conviction, each separate violation of this Code shall be punishable by a fine of not less than $500.00 nor more than $1,000.00 or imprisonment for not more than 60 days or both.

(2)

A second or third conviction for violation of this Code shall be punishable by a fine of $1,000.00 or imprisonment for not more than 60 days or both.

(3)

A fourth conviction and any conviction thereafter of this code shall be punishable by imprisonment for no less than 30 days and no more than 180 days.

(4)

Where a person shall be convicted of more than one offense and sentenced to imprisonment, said sentences shall be served concurrently; provided however, the judge may in his/her discretion, direct that these sentences run severally if said sentence would not exceed 180 days.

(5)

Any or all penalties prescribed in this subsection may be imposed upon the appropriate officers or partners of a corporation, partnership or other legal entity for the failure to comply with any provision of this Code.

(6)

The municipal court shall levy a fee of $50.00 for the inspection of the property by a code enforcement officer for which the citation was issued. In each instance where the municipal court resets the case to afford the defendant an opportunity to come into compliance, the municipal court shall levy a fee of $50.00 for each re-inspection by a code enforcement officer.

(7)

Notwithstanding the foregoing, failure to comply with any provision of section 8-2222 through section 8-2226 or to misrepresent any material fact in a document required to be prepared or disclosed by said sections shall result in the following:

i.

A written warning issued by the city for the first violation; and

ii.

If initial benchmarking information or updated benchmarking information is not reported within 30 days of the date the written warning is issued, said failure shall constitute an offense and shall be punishable upon conviction by a fine of $1,000.00. Each year of non-compliance shall constitute a separate offense punishable upon conviction by a fine of $1,000.00.

(8)

Notwithstanding the foregoing, failure to comply with any provision of section 8-2227 through section 8-2228 or the building owner submits incomplete or false information, shall result in the following:

i.

A written warning issued by the city for the first violation; and

ii.

If the summary audit report information is not reported within 90 days of the date the written warning is issued, said failure shall constitute an offense and shall be punishable upon conviction by a fine of $1,000.00. Each year of non-compliance shall constitute a separate offense punishable upon conviction by a fine of $1,000.00.

(d)

Separate offenses. Any person failing to comply with any provision of this Code shall be guilty of an offense. Each and every day the condition is maintained or the activity is conducted after the expiration of all reasonable time given to comply with any provision of this Code shall constitute a separate offense as to each violation of the Code and shall be punishable as provided in subsection (c) hereinabove.

(e)

Any person who knowingly and willingly aids another in violating the provisions of this Code shall be a party to the offense and shall be subject to the penalties provided herein.

(f)

Reports of disposition of cases. The clerk of municipal court shall prepare weekly reports of the disposition of cases brought pursuant to this Code and shall forward said reports to the director.

(Code 1977, § 8-2094; Ord. No. 2002-78, § 1, 10-28-02; Ord. No. 2003-99, § 2, 10-14-03; Ord. No. 2010-25(10-O-0628), § 3, 6-16-10; Ord. No. 2015-16(15-O-1101), § 3, 4-21-15 )