§ 1.16.120. Criminal actions.

A.

It shall be unlawful for any person to violate any provision of a land use ordinance, or to violate any provision of any permit or condition of approval granted pursuant to the ordinance. Any person violating any provision of a land use ordinance, or any permit or condition of approval granted pursuant thereto shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any provision of a land use ordinance, or violation of any provision of any permit granted pursuant to the same ordinance, is committed, continued, maintained or permitted.

B.

Infraction or misdemeanor. Any person so convicted shall be:

(1)

Guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation;

(2)

Guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation on the same real property and perpetrated by the same person within twelve (12) months of the first offense. The third and any additional violations on the same real property and perpetrated by the same person within twelve (12) months of the first offense shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both.

(3)

Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor.

(4)

Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Ord. No. 725.14, § 12, 3-15-2011)