Article V — Violation—Penalty

A.

Any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter is guilty of a misdemeanor.

B.

In addition to any other remedies available at law, any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter shall be liable to the city for all expenses and damages caused by any such violation.

C.

In addition to any other remedies provided by this chapter, the Lodi Municipal Code, and or state law, there are hereby imposed the following administrative civil penalties for each violation of this chapter or the terms and conditions of any encroachment permit issued pursuant to this chapter.

Any person initiating work within the public street or right-of-way without obtaining an encroachment permit shall be subject to and responsible for a fine in the amount of one thousand two hundred fifty dollars for a first violation, five thousand dollars for a second violation, and ten thousand dollars for a third or subsequent violation.

Any person in possession of a valid encroachment permit that initiates work within the public street or right- of-way, but fails to provide notification for inspection as required by this chapter of the Lodi Municipal Code and the permit shall be subject to and responsible for a fine in the amount of five hundred dollars for a first violation, two thousand five hundred dollars for a second violation, and five thousand dollars for a third or subsequent violation.

D.

Each party violating any provision of this chapter or any encroachment permit issued pursuant to this chapter shall be guilty of a separate offense for each and every day on which any such violation is committed, continued, or permitted by any such person.

E.

In addition to any penalty, sanction, fine, or imprisonment, any person violating the provisions of this chapter or any encroachment permit issued pursuant to this chapter shall be required to pay any and all expenses of enforcement, including those costs necessary to inspect, remove and/or correct the violation. In addition to all remedies herein contained, the city may pursue all reasonable and legal means in collecting those sums authorized and due.

(Ord. No. 1948, § 1, 2-21-2018)

The city council finds and declares that an encroachment constitutes a nuisance and provides that an encroachment maintained in violation of this chapter may be removed and abated as such pursuant to Title 1, Chapter 1.10 of the Lodi Municipal Code.

(Ord. No. 1948, § 1, 2-21-2018)