Chapter 17.70 — PENALTY

(a)

It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this title. Except as otherwise provided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this title is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

(b)

Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection (a) of this section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exists:

(1)

The violation was committed wilfully or with knowledge of its illegality;

(2)

The violator does not cease or otherwise abate the violation after receiving notice of such violation;

(3)

The violator has previously been convicted of violating the same provision of this title within two years of the currently charged violation;

(4)

The provision violated specifies that such violation shall be a misdemeanor; or

(5)

The provision violated is part of Article 3 of the Uniform Fire Code, as incorporated into this title.

(c)

Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this title shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this title is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

(Ord. 1693 § 10, 1988).