§ 8.70.130. Violations and enforcement remedies.

A.

Violations. The failure to comply with or the violation of any of the requirements of this chapter shall constitute a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine not to exceed $1,000.00, or imprisonment in the county jail not to exceed six (6) months, or both.

Notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may be charged and prosecuted as an infraction. Upon conviction of an infraction, a person shall be subject to (1) payment of a fine not exceeding one hundred ($100) dollars for a first violation; (2) a fine not exceeding two hundred ($200) dollars for a second violation within one year; (3) a fine not exceeding five hundred ($500) dollars for each additional violation within one year. After a third conviction for a violation of the same provision subsequent violations within a twelve (12) month period may be charged as a misdemeanor.

B.

Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

C.

Civil Actions.

1.

In addition to any other penalties and remedies provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, is declared and deemed a nuisance, and also a prohibited activity or condition as described by Section 14.50.040 of this code, and may be summarily abated and restored by any authorized enforcement official, and by such civil action to abate, enjoin or otherwise compel the cessation of such nuisance as may be taken by city pursuant to Section 14.50.060 of this code or otherwise.

2.

The cost of such abatement and restoration shall be borne by the owner of the property and the cost thereof shall be charged to the owner of the property.

3.

In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, cost of suit and reasonable attorney fees.

(Ord. 6601 § 2 (part), 1994)