Chapter 29 ZONING*
Section 29-39 Violation and penalties.
(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
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 ($10.00) and not more than
two
hundred
fifty
dollars ($
250.00
)
for each and every day that such violation continues
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 ($100.00) or more than
five
hundred dollars ($
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; Ord. No. 19311, § 1, 12-4-06)
(Ord. 19311, Amended, 12/04/2006, Prior Text)