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A. Civil Penalty.

1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall be subject to a penalty in an amount not less than $100.00 nor more than $1,000 per day for each violation from the date set for compliance until compliance with the order is achieved.

2. The penalty imposed by this section shall be collected by civil action brought by the City. The mayor or designee shall notify the City attorney in writing of the name of any person subject to the penalty, and the City attorney shall, with the assistance of the mayor or designee, take appropriate action to collect the penalty.

3. The violator may show as full or partial mitigation of liability:

a. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or

b. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by factors or circumstances beyond the control of the reasonable violator.

B. Criminal Penalties.

1. Any person, and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the applicable provisions of this chapter and who has had a judgment entered against him or her pursuant to RMC 5.75.050 (A) or its predecessors within the past five (5) years shall be subject to criminal prosecution and upon conviction of such subsequent violation shall be fined in a sum not exceeding $5,000 or be imprisoned for a term not exceeding one (1) year or be both fined and imprisoned. Each day of noncompliance with any of the applicable provisions of the chapter shall constitute a separate offense.

2. The above criminal penalty may also be imposed:

a. For any other violation of this chapter for which corrective action is not possible;

b. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this chapter; and

c. For any violation of a stop work or other order issued pursuant to this chapter.

C. Additional Relief. The City may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of this chapter when civil or criminal penalties are inadequate to effect compliance. Furthermore, violation of the terms of this chapter shall be grounds for revocation of any authorization, approval, franchise, or lease issued or granted pursuant to Chapter 12.14 RMC. (Ord. 2546 § 2 (part), 2010: Ord. 1927 § 1, 1997).