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VIII. Violation—Penalty
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A. It is unlawful for any person to violate any provision of this chapter. Unless otherwise specified in this chapter, any violation of the provisions in this chapter shall constitute a misdemeanor.

B. Any person who violates any provisions of this chapter shall be liable to the city for all direct or indirect costs of administration, monitoring, sampling, response, containment, and/or remediation incurred and shall also be liable to any person directly or indirectly injured by such violation according to law. Any person who by violating the provisions of this chapter causes in whole or in part the imposition of fines by the state, federal or other regulatory agencies against the city, shall be liable for all damages and fines imposed. The city may bring a civil action for damages before any court of competent jurisdiction. The city and any other person injured as the result of violation of any of the provisions of this chapter shall be entitled to an award of reasonable attorney’s fees.

C. Any person who violates any provisions of this chapter shall be liable to the city for civil penalties, to be fixed by the city in consideration of the severity of the violation and the harm caused thereby, in a sum not to exceed ten thousand dollars per violation per day. Notice of the intended imposition of such civil penalties, notice of a reasonable amount of time to correct the violation before any such penalties are imposed, and notice of the opportunity to be heard before such penalties are imposed shall be given in accordance with this chapter.

D. Any person convicted of a misdemeanor for violation of the provisions of this chapter may be punished by:

1. A fine not to exceed five hundred dollars and/or thirty days imprisonment in the County Jail for a first violation;

2. A fine not to exceed one thousand dollars and/or ninety days imprisonment in the County Jail for a second violation;

3. A fine not to exceed two thousand five hundred dollars and/or six months imprisonment in the County Jail for each additional violation within one year.

E. Each day that a violation continues shall be regarded as a new and separate offense punishable as provided in subsection D of this section. (Ord. 4740 § 1, 2013; Ord. 4198 § 3, 2004)