Newark Municipal Code Ch. 1.16 General Penalty

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the city shall be guilty of a misdemeanor, unless the violation is made an infraction by ordinance.

B. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor for violation of an ordinance of the city is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

C. Infractions. Notwithstanding Section 1.16.010(A) and (B) of this chapter, any person who violates a provision of this code designated as an infraction shall be guilty of an infraction, punishable by:

1. A fine not exceeding one hundred dollars for the first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

3. A fine not exceeding five hundred dollars for the third violation of the same ordinance within one year.

D. After a third conviction for violation of the same section of an ordinance of the city, subsequent violations of the same section within a twelve-month period may be charged as a misdemeanor rather than an infraction.

E. Each day that a violation is committed, continued, maintained or permitted to exist shall be deemed as a separate offense and may be punished as such.

F. The remedies provided in this section shall be accumulative and not exclusive.

(Ord. 371 § 1, 2002; Ord. 285 § 1, 1992; Ord. 192 § 1, 1984; Ord. 148 § 1, 1979)

In addition to the penalties provided in Section 1.16.010, any condition caused or permitted to exist in violation of any of the provisions of the ordinances of the city is a public nuisance and may, by this city, be summarily abated as such; and each day that such condition continued shall be regarded as a new and separate offense.

(Ord. 148 § 2, 1979)

Any violation of this code, or provisions of state or federal law that may be enforced by the city, or any rules, regulations, permits or approvals issued by or applicable to the city are hereby determined to constitute a public nuisance. The prevailing party in any judicial action, administrative proceeding, or special proceeding to abate a nuisance may recover its incurred attorneys' fees, provided that the city elected, at the initiation of such individual action or proceeding, to recover its own attorneys' fees. In no judicial action or administrative proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the judicial action or administrative proceeding. A judicial action includes, but is not limited to, any civil or criminal action, inspection or abatement warrant, administrative proceeding, or appeal from an administrative proceeding. Any recovery of attorneys' fees for abatement of a nuisance shall be in accordance with this section.

(Ord. No. 466, § 1, 5-23-2013)

Any violation of this code, or provisions of state or federal law that may be enforced by the city, or any rules, regulations, permits or approvals issued by or applicable to the city may be enforced by any means authorized by law, including but not limited to, criminal prosecution, civil action for restraining order and injunctive relief, receivership, administrative or abatement proceeding. The remedies provided in this code are intended to be cumulative and not exclusive, and may be pursued individually, consecutively, or in conjunction with each other.

(Ord. No. 466, § 1, 5-23-2013)

In addition to recovery of any other costs as provided by this code, in any action to abate a nuisance, the city shall be entitled to recover from the property on which the nuisance exists and against the property owner and any other violators jointly and severally, all staff and administrative costs, including but not limited to, those incurred in investigations, inspections, enforcement and providing any notice required by this code or state law.

(Ord. No. 466, § 1, 5-23-2013)