SEC. 100.5. DETERMINATION OF THE AMOUNT OF THE ADMINISTRATIVE FINE WHEN THE CITATION IS…

(a) Unless the ordinance under which the citation is issued otherwise provides, the amount of the fine set by the charging official shall be governed by this Section:

(1) The amount of the fine for violation of an ordinance that also makes violation an infraction shall be (1) up to $100.00 for a first violation of the ordinance; (2) up to $200.00 for a second violation of the same ordinance within one year of the date of the first violation; and (3) up to $500.00 for each additional violation of the same ordinance within one year of the date of a second or subsequent violation.

(2) The amount of the fine for violation of an ordinance that also makes violation a misdemeanor shall be up to $1000.00.

(3) The amount of the fine for violation of an ordinance that does not provide for a criminal penalty shall be up to $1000.00.

(4) In determining the amount of the fine, the charging official may take any or all of the following factors into consideration:

(A) The duration of the violation;

(B) The frequency, recurrence and number of violations by the same violator;

(C) The seriousness of the violation;

(D) The good faith efforts of the violator to correct the violation;

(E) The economic impact of the fine on the violator;

(F) The injury or damage, if any, suffered by any member of the public;

(G) The impact of the violation on the community;

(H) The amount of City staff time, which was, expended investigating or addressing the violation;

(I) The amount of fines imposed by the charging official in similar situations;

(J) Such other factors as justice may require.

(Added by Ord. 73-08, File No. 071670, App. 4/30/2008)