Ordinance 2297-98 - Laserfiche WebLink

committed, contained or permitted; and upon conviction of any such violation, such person shall be subject to a fine of not more than one thousand dollars or imprisonment for not more than ninety days, or both such fine and imprisonment. A. Violation-Injunction Action. Any violation of the provisions of this ordinance constitutes a public nuisance which the city can abate by an action in county superior court. The costs of such action shall be taxed against the violator. B. Civil Penalty. In addition to or as an alternative to any other penalty provided in this ordinance or by law any person who violates any provision of this ordinance shall be subject to a civil penalty in an amount not to exceed two hundred fifty dollars per violation to be directly assessed by the City Clerk. The City Clerk, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the violator;the gravity of the violation;the amount of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed shall be enforced and collected in accordance with the procedure specified in this ordinance and in accordance with the rules promulgated hereunder. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this ordinance are not exclusive, and the city may pursue any remedy or relief it deems appropriate. Section 43: Repealer. Ordinance No.'s 1400-87, 1623-89, and 1921-93 (Chapter 5.68 EMC) are hereby repealed. All other ordinances or parts thereof in conflict herewith are hereby repealed. Section 44: Savings. Nothing contained herein shall be construed as abating any action now pending under or by virtue of any ordinance of the City; or as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the right or liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of passage of this ordinance. Section 45: Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 46: Effective Date. This ordinance shall become effective June 1, 1998. 22