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comply with its terms. If the City Council is successful in its suit,the respondent shall bear the <br /> costs of the action, including reasonable attorney fees. <br /> The failure or refusal of the City to enforce any provision of this ordinance, and as <br /> hereafter amended, shall not constitute a waiver or bar to prevent enforcement thereof against <br /> any person for a subsequent violation hereof, or for any other violation by any other person. <br /> is hereby amended to read as follows: <br /> (A)The City reserves the right to enter the subject property from time to time to ascertain that <br /> all drainage facilities are functioning. In the event deficiencies are found, the property <br /> owner shall make minor corrections as are necessary within thirty (30) days of the date <br /> of notice by the City. More substantive corrections, as determined by the City, will be <br /> completed on a negotiated time schedule, but in no event will the schedule extend past 6 <br /> months. <br /> (B)Any person or persons violating this ordinance or rule or regulation adopted hereunder, or <br /> by any act of commission or omission, procures, aids, or abets such violation, shall be <br /> guilty of a misdemeanor and upon conviction, shall be punished by a fine not to exceed <br /> One Thousand Dollars ($1,000) and/or imprisonment for a term not to exceed ninety (90) <br /> days. Each day such violation continues shall be considered an additional misdemeanor <br /> offense. <br /> (C)Any condition which constitutes or will constitute a violation of any of the provisions of <br /> this ordinance or rules or regulations adopted hereunder shall constitute a nuisance for <br /> which the City may seek legal or equitable relief to enjoin any acts or practices or abate <br /> any said conditions. In the event the property owner shall fail to make corrections, within <br /> thirty(30) days of the date of notice by the City, or on a timetable established by the <br /> City, not to exceed six (6) months, the City may revoke the right to occupancy of the <br /> subject property, may charge the property owner with a misdemeanor punishable by <br /> fines, and may enter on to the subject property and take such correction action as may be <br /> required to make the drainage facilities perform as required by the approved drainage <br /> plan. All costs for corrective measures and enforcement actions shall be borne by the <br /> property owner. <br /> 40 <br />