§ 38-127. Enforcement.

In the event that a violation of this article has occurred or is occurring, the city shall have the right to one or more of the following remedies or actions after an initial verbal warning:

(1)

Code enforcement proceedings. The city may initiate a code enforcement proceeding against the person(s) or entities in violation of this article. A violation may be prosecuted as a violation of an itinerant or transient nature and one that is irreparable and irreversible. Notwithstanding the foregoing, any person who violates the provisions of this chapter shall be entitled an initial warning prior to initiation of code enforcement proceedings.

(2)

Civil citation. A civil citation may be issued against the person(s) or entities in violation as set forth in chapter 2 of this Code. The city's law enforcement officers or code enforcement officers are authorized to issue notices to appear to the violator(s). An initial violation of this chapter shall result in an initial warning. A subsequent or repeat violation occurring within a period of one year from the date of the initial warning shall be punishable as a Class I violation as set forth in chapter 2 of this Code. Additional violations occurring within a period of one year from the date of the previous violation shall be punishable as the classification penalty that corresponds with the number of subsequent or repeat violations, which shall not exceed class V.

(3)

Criminal penalty. The city may prosecute the violator for a criminal misdemeanor punishable by a fine not exceeding $500.00 or imprisonment for a term not exceeding 60 days, or by both such fine and imprisonment in the discretion of the court. Notwithstanding the foregoing, any person who violates the provisions of this chapter shall be entitled [to] an initial warning prior to initiation of any criminal proceedings.

(4)

Other remedies. The city may institute any appropriate action at law or in equity to bring about compliance or remedy, including but not limited to, instituting an action in court to enjoin violating actions, in which case the violating person(s) or entity shall be liable to the city for reimbursement of the city's attorneys' fees and costs concerning such action. Notwithstanding the foregoing, any person who violates the provisions of this chapter shall be entitled [to] an initial warning prior to initiation of any other remedies as authorized in this subsection.

(Ord. No. 15-53, § I, 7-9-15; Ord. No. 15-54, § III, 7-9-15)

Note— See editor's note at § 38-122.