Sec. 656.111. - Violations and penalties.

(a) It shall be a civil infraction for any person to commit any violation set forth in this Chapter. (b) A separate offense shall be deemed to have been committed for each infraction and for each day that a violation occurs and for each day that property exists or remains in violation of this Chapter. (c) Additional penalties for violations of Part 12 of this Chapter are provided in Section 656.1208 . (d) The owner violates this Chapter if any building, structure, land or premises on the property is constructed, erected, occupied or used in violation of this Chapter. (e) If property is managed by someone other than the owner, or is leased or rented, the tenant, lessee or manager violates this Chapter if any building, structure, land or premises over which that tenant, lessee or manager has control is constructed, erected, occupied or used in violation of this Chapter. However, if the property owner of such leased, rented or managed property is notified by the City of an ongoing violation of this Chapter on two or more separate occasions and fails to take affirmative and demonstrable steps to remedy such violation, the property owner shall be liable for the same such penalties as is the tenant, lessee or manager. (f) As it relates to this Chapter, any act or omission of an employee shall be imputed to the employer and be deemed to be an act or omission of the employer if done or omitted within the scope of the employee's authority under the employer. For the purpose of this Chapter, "employee" means a servant, agent or employee, paid or unpaid, of another person, and "employer" means the master, principal or employer of another person, paid or unpaid. (g) An employee violates this Chapter if any act or omission of the employee within the scope of the employee's authority under the employer aids, furthers or assists a violation of this Chapter. (h) For actions brought in a court of competent jurisdiction, the civil penalty for violations committed by an agent hired by or working on behalf of the property owner to perform work or construction or commence any unauthorized use on or in any structure or property regulated under this Chapter shall be as follows: (1) $1,000 for a first violation; (2) $2,000 for a second violation; and (3) $3,000 civil penalty for a third or subsequent, and the violator shall be prohibited from obtaining a zoning approval for work not associated with the correction of the violation for a period of three months. Additionally, the violator shall be prohibited from applying for any zoning authorization until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against application for any authorization contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final. (i) The penalty for any civil infraction shall be civil penalties. Unless otherwise provided for, the minimum amount of civil penalties shall be $50 per violation and the maximum amount per violation shall be $500. (j) In any matter in which the General Counsel files a suit for civil penalties or injunctive relief or any other relief and the City prevails, the City shall be entitled to reasonable attorney's fees. (k) The violation of any term of an order granting an exception, variance or waiver, including any conditions made part of such order, or conditions or restriction placed on or terms of any rezoning, including Planned Unit Developments, shall be deemed a violation of the Zoning Code and punishable as provided herein. (Ord. 93-116-202, § 1; Ord. 98-678-E, § 3; Ord. 2004-429-E, § 24; Ord. 2006-847-E, § 3; Ord. 2008-149-E, § 3; Ord. 2017-318-E , § 4)