§ 16-33. Unlawful noncompliance; fines.

(a)

It shall be unlawful for the owner of any land within the city to allow a public nuisance to exist within the city and to fail to abate the public nuisance as per the requirements of this article.

(b)

Upon conviction for violation hereof, the owner shall be fined an amount no less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00) provided, however, in the event a defendant has once previously been convicted under this article, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction thereafter. Each day a violation is permitted to exist after citation has been issued shall constitute a separate offense.

(c)

Prosecution for offenses under this section shall not affect the right of the city to abate the nuisance in a manner provided by this article, nor shall abatement by the city be a bar to prosecution for the offenses.

(d)

Violation of section; liability of corporate officers, agent, etc. In case the owner or occupant of any lot or premises under the provisions of this section shall be a corporation or other entity, and shall violate any provision of this section, the president, vice-president, secretary, or treasurer of such corporation or other entity, or any manager, agent or employee of such corporation or other entity shall be also severally liable for any penalty.

(e)

A person who violates this chapter shall be assessed a civil penalty of not less than ten dollars ($10.00) or more than two hundred dollars ($200.00) for each violation and for each day of a continuing violation; however, if it is shown on the trial of the defendant that the defendant has previously violated this chapter, the defendant shall be assessed a civil penalty of not less than ten dollars ($10.00) or more than five hundred dollars ($500.00) for each violation and for each day of a continuing violation. City council may authorize the city attorney's office to institute a civil suit in district court for: (a) injunctive relief to restrain the person from continuing the violation or threat of violation; (b) the assessment and recovery of a civil penalty; or (c) both injunctive relief and a civil penalty. If such a suit is filed, the department of state health services shall be added as a necessary party.

(Ord. No. 2012-27, § 1, 9-11-2012; Ord. No. 2015-22, § 1, 9-15-2015)