(a)

Any building erected or improvements constructed contrary to any of the provisions of this chapter and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this chapter or contrary to any detailed statement or plan approved under the provisions of this chapter shall be and the same is hereby declared to be unlawful.

(b)

Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter, or permits any such violation, or fails to comply with any of the requirements hereof, or who erects any building or structure or uses any building or land in violation of the provisions of this chapter shall be subject to the enforcement provisions of this part.

(c)

Upon becoming aware of any violation of any provisions of this chapter, the zoning administrator may proceed to remedy the violation as provided in section 17-2 or section 17-3. The zoning administrator may also revoke any zoning approval(s) to terminate the violation.

(d)

In addition to the remedies provided in subsection (c) above, the zoning administrator may initiate injunction, mandamus, or any other appropriate legal action to prevent, enjoin, abate, or remove such erection or use in violation of any provision of this chapter. The issuance of a violation notice and correction order shall not be deemed a precondition to the initiation of an injunction, mandamus, or any other appropriate action to abate a violation under this subsection. Further, commencement of an action or actions under sections 17-2 or 17-3 shall not be deemed a precondition to, nor shall such actions be deemed to preclude the initiation of an injunction, mandamus, or other appropriate action to abate a violation.

(Ord. No. 929, § 2, 10-10-1995)

(a)

In the event that the zoning administrator determines that there has been any violation of this chapter, the zoning administrator may, if necessary or appropriate, seek criminal process against the alleged violator. The issuance of a violation notice and correction order shall not be deemed a precondition to the issuance of a warrant or summons. The remedies provided by this chapter shall be cumulative, and nothing herein shall be construed to prevent the zoning administrator from issuing a violation notice and correction order under section 16-5 or section 17-2. In addition, the zoning administrator may seek immediate relief from the court regardless of other action that has been or will be taken.

(b)

Any violation of the provisions of this chapter, including failure to comply with a violation notice and correction order, shall be a misdemeanor and upon conviction thereof the penalty for such violation shall be a fine of not less than $10.00 nor more than $1,000.00. Each day on which a violation is found to exist shall constitute a separate offense. An owner of property shall be responsible for, and subject to, prosecution and conviction for any violation of this chapter found to exist on his property.

(c)

The remedy provided for in this section shall be in addition to any other remedies provided by law; however, the designation of a particular violation of this ordinance as an infraction pursuant to subsection (a) of section 17-3 shall preclude criminal prosecution or sanctions, except for any infraction also resulting in injury to any person or persons.

(Ord. No. 929, § 2, 10-10-1995)

(a)

Any violation of the following provisions of this chapter shall be deemed an infraction. A first offense shall be punishable by a civil penalty of $200.00. Subsequent offenses are punishable with fines of not more than $500.00.

Section 1-13. Compliance with site plan ordinance.

Section 1-17. Keeping of farm animals.

Section 2-4. Enforcement of conditions and proffers.

Sections 4-3, 8-3, 9-3, 10-3, and 11-3. Sign regulations.

Sections 5-10, 6-10, and 7-10. Parking of commercial vehicles.

Sections 4-11, 5-11, 6-11, and 7-11. Display of merchandise or conduct of business between street and setback lines.

Section 1-24. Compliance with chapter 66 of this Code, solid waste.

Section 1-25. Compliance with article III, chapter 46 of this Code, inoperable vehicles.

Section 1-26. Compliance with article III, chapter 34 of this Code, erosion and sediment control.

(b)

Each day during which any violation of the provisions numerated in subsection (a) above is found to have existed shall constitute a separate offense. However, in no event shall any such violation arising from the same set of operative facts be charged more frequently than once in any ten-day period, nor shall a series of such violations arising from the same set of operative facts result in civil penalties which exceed a total of $5,000.00.

(c)

The designation of a particular violation of this ordinance as an infraction pursuant to subsection (a) above shall be in lieu of criminal sanctions, and except for any violation resulting in injury to any person or persons, such designation shall preclude the prosecution of a violation as a criminal misdemeanor, but shall not preclude any other remedy available under this chapter. Violations resulting in civil penalties totaling $5,000.00 or more, may be prosecuted as a criminal misdemeanor.

(d)

After having served a notice of violation in accordance with section 17-1 on any person committing or permitting a violation of the zoning ordinance provisions enumerated in subsection (a) above and if such violation has not ceased within such reasonable time as is specified in such notice, then, upon the approval of the city attorney, the zoning administrator shall cause a summons or a ticket to be served upon such person in any manner authorized by law.

(e)

Such summons or ticket shall contain the following information:

(1)

The name and address of the person charged.

(2)

The nature of the infraction and the ordinance provisions(s) being violated.

(3)

The location, date and time that the infraction occurred or was observed.

(4)

The amount of the civil penalty assessed for the infraction.

(5)

The manner, location, and time in which the civil penalty may be paid to the city.

(6)

The right of the recipient of the summons to elect to stand trial for the infraction and the date for such trial.

(f)

The summons or ticket shall provide that any person summoned for a violation may elect to pay the civil penalty by making an appearance in person or in writing by mail to the treasurer's office prior to the date fixed for trial and by such appearance, may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense charged. Such summons or ticket shall provide that a signature to an admission of liability shall have the same force and effect as a judgment of court; however, an admission shall not be deemed a criminal conviction for any purpose.

(g)

If a person charged with a violation does not elect to enter a waiver of trial and admit liability, the violation shall be tried in the general district court in the same manner and with the same right of appeal as provided by law. If the violation remains uncorrected at the time of the admission of liability or finding of liability, the court may order the violator to abate or remedy the violation in order to comply with the zoning ordinance. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within a period of time as determined by the court, but not later than six months of the date of admission of liability or finding of liability. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. A finding of liability shall not be deemed a criminal conviction for any purpose.

(h)

No provision herein shall be construed to allow the imposition of civil penalties (i) for activities related to land development or (ii) for violation of any provision of a local zoning ordinance relating to the posting of signs on public property or public rights-of-way.

(i)

The remedies provided for in this section are cumulative and not exclusive and shall be in addition to any other remedies provided by law as follows:

(1)

Any person who: (i) violates any provision of any local ordinance related to the protection of water quality in the Chesapeake Bay Preservation Area or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's final notice, order, rule, regulation, or variance or permit condition authorized under such ordinance shall, upon such finding by an appropriate circuit court, be assessed a civil penalty not to exceed $3,000.00 for each day of violation. Such civil penalties may, at the discretion of the court assessing them, be directed to be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein, in such a manner as the court may direct by order.

(2)

With the consent of any person who: (i) violates any provision of any local ordinance related to the protection of water quality in Chesapeake Bay Preservation Areas or (ii) violates or fails, neglects, or refuses to obey any local governmental body's or official's notice, order, rule, regulation or variance or permit condition authorized under such ordinance, the local government may provide for the issuance of an order against such person for the one-time payment of civil charges for each violation in specific sums, not to exceed $10,000.00 for each violation. Such civil charges shall be paid into the treasury of the city for the purpose of abating environmental damage to or restoring Chesapeake Bay Preservation Areas therein.

(Ord. No. 929, § 2, 10-10-1995; Ord. No. 1073, § 2, 6-26-2000; Ord. No. 1520, § 1, 3-23-2015)