18.190.060 Penalties.
Any person, firm or corporation, whether as principal, owner, agent, tenant, employee or otherwise, who violates any provisions of this code shall be subject to an administrative, civil, or criminal penalty. Each day of a continuing violation is a separate violation for the purpose of imposing a separate penalty. The administrative, civil, or criminal penalty for violations of this code is established herein.
A. Criminal Actions.
1. Notwithstanding any other provision of this code, each person violating, causing, or allowing a violation of any provision of this zoning code or any permit or condition of approval granted pursuant thereto, shall be guilty of an infraction, unless the violation is specifically declared to be a misdemeanor.
2. Every violation of any provision of this code, or of any permit issued pursuant to this code (including any of the conditions of approval for such permit) that is prosecuted as an infraction shall be punished, upon conviction or upon a plea of nolo contendere (commonly called no contest), by:
a. A base fine not exceeding one hundred dollars ($100.00) for a first violation;
b. A base fine not exceeding two hundred dollars ($200.00) for a second violation of the same code section or permit (or any of the conditions of approval) occurring on the same property and committed by the same person within one year; and
c. A base fine not exceeding five hundred dollars ($500.00) for each additional violation of the same code section or permit (or any of the conditions of approval) occurring on the same property and committed by the same person within one year.
3. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine. Notwithstanding the above, a first or subsequent violation of this code may be charged and prosecuted as a misdemeanor.
4. A misdemeanor shall be punished, upon conviction or upon a plea of nolo contendere (commonly called no contest), by a base fine of not less than five hundred dollars ($500.00) and not more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period of not more than six months, or by both base fine and imprisonment. Any court costs that the court may otherwise be required to impose pursuant to applicable state law or local ordinance shall be imposed in addition to the base fine.
5. The conviction and punishment of any person of an offense as described in this section or the payment of a criminal fine by or on behalf of the person convicted, shall not relieve that person from the responsibility for correcting, removing, or abating the violation that resulted in the conviction; nor prevent the enforced correction, removal or abatement thereof by the city. The correction, removal, or abatement of a violation begun after the issuance of a criminal citation or the filing of a criminal complaint shall not be a defense to the infraction or misdemeanor so charged and, following a conviction or plea of nolo contendere, shall not be grounds for the dismissal of the action or the waiver, stay, or reduction of any fine established in this section.
B. Civil Actions. An alleged violator who is served with a citation or notice of violation subject to a civil penalty shall not be subject to a criminal prosecution for the same factual situation. However, all other remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures, or improvements nor prevent the enforcement, correction or removal thereof. In addition to the other remedies provided in this chapter, the city council, the city attorney, or any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this code, may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action, proceeding or proceedings to prevent or abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
C. Injunctive Relief and Abatement. At the request of any person authorized to enforce this code, the city attorney may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this code or any permit or land use approval granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly and severally liable for the civil penalties and/or abatement costs.
D. Civil Remedies and Penalties. Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this code or any permit or any condition of land use approval granted pursuant thereto, shall be liable for a civil penalty not to exceed one thousand dollars ($1,000.00) per violation for each day or any portion thereof, that the violation continues to exist. In determining the amount of civil penalty to be imposed, both as to the daily rate and the subsequent total amount for any given violation, the court shall consider all relevant circumstances, including but not limited to the extent of the harm caused by the conduct constituting the violation, the nature and persistence of such conduct, the length of time over which the conduct occurred or as repeated, the assets, liabilities, and net worth of the violator, whether a corporate entity or an individual, and any corrective action taken by the violator.
E. Attorney’s Fees. In any civil action, administrative proceeding, or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order; attorney’s fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorney’s fees incurred by the city in that action or proceeding.
F. Administrative Actions. As an alternative to the criminal or civil enforcement of this code, i.e., this title, and, further, as an alternative to all other administrative enforcement procedures provided by this code, all violations of this code may be subject to enforcement through the use of administrative citations. [Ord. 14-12 § 1; Res. 14-36 § 512.06.]