Penalties

6.990 Penalties – Specific.

(1) Any person who willfully fails to present the designated vehicle to the police department within the time specified in section 6.220, or willfully fails to present evidence that the vehicle shall no longer be operated on a public way in the city, shall upon conviction be punished by fine of not to exceed $100.00.

(2) Violation of section 6.255 is punishable by a minimum fine of $50.00 to a maximum fine of $500.00 for each day that the violation exists. this penalty is cumulative and in addition to any other remedy available to the city.

(3) Violation of section 6.305 to and including section 6.310 is punishable by a fine of a minimum of $100.00 to a maximum of $4,000.000 for each tree removed, or confinement in jail not to exceed 100 days, or both fine and imprisonment. In addition, the city attorney, upon request of the city manager, shall institute any necessary legal proceedings to enforce the provisions of sections 6.305 and 6.310 of this code.

(4) Any person who violates any provision of sections 6.501 to 6.596 of this code or any provision of a discharge permit shall be liable civilly to the city in a sum not less than $1,000 nor more than $2,500 for each day in which such violation occurs.

(5) Any person who knowingly:

(a) Violates sections 6.501 to 6.596 of this code or any provision of a discharge permit, or

(b) Makes any false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to sections 6.501 to 6.596 of this code or a discharge permit or falsifies, tampers with or renders inaccurate any monitoring device or method required under sections 6.501 to 6.596 of this code or a discharge permit, shall, upon conviction, be punished by a fine of not less than $1,000 nor more than $2,500 or 30 days in jail, or both, for each day in which such violation occurs.

(6) The remedies provided for in sections 6.586 and 6.596 of this code and subsections (5) and (6) of this section shall be cumulative and not exclusive and shall be in addition to any and all other remedies the city may have pursuant to this code or in any other manner provided by law.

(7) Any person who violates section 6.375 of this code by continuing construction after receiving a stop work order shall be subject to civil penalties not to exceed $500 per day.

(8) Any person who intentionally, knowingly, or recklessly releases, or causes to be released, hazardous substances in violation of section 6.355 of this code shall be subject to a criminal penalty not to exceed one year in jail and a fine of $2,500, or a civil penalty not to exceed $5,000 per day. Such penalties shall be in addition to, and not in lieu of payment for removal action costs.

(9) Any person who violates section 6.360 of this code by failing to report a release or the discovery of contamination as a result of a previous release shall be subject to civil penalties not to exceed $5,000 per day.

(10) Violation of sections 6.625 to and including section 6.645 is punishable by a fine of up to $2,500 per day per violation.

(11) A person who causes a nuisance as declared in subsection 6.010(m) to come into existence on public property or private property, shall be punished upon conviction by a fine not to exceed $750 or confinement in jail not to exceed 30 days, or both such fine and imprisonment. In addition to, or in lieu of such fine and/or imprisonment, the court may order the person responsible to pay restitution in the amount of the costs incurred in abating the nuisance and/or perform community service as determined by the court.

(12) Any person who violates a provision of section 6.230 or 6.235, or a business, owner, or employer who permits a violation of sections 6.230 or 6.235 of this code to occur, shall, upon conviction, be punished by a fine of:

(a) Not less than $50, nor more than $100 for the first violation;

(b) Not less than $100, nor more than $200 for the second violation occurring within a period of 12 months from the first violation;

(c) Not less than $250, nor more than $500 each for the third and subsequent violations occurring within a period of 12 months from the first violation.

The above penalties are in addition to, and not in lieu of, any administrative civil penalties that may be imposed or other remedies the city may have under this code or other laws or regulations.

(13) Any business, owner, or employer that permits a violation of section 6.872 of this code shall be subject to the following penalties:

(a) A written warning for the first violation in a calendar year;

(b) The second violation in a calendar year is punishable by a fine of $100.00;

(d) Any subsequent violations within the same calendar year are punishable by a fine of $500.00;

(e) Notwithstanding subparagraphs (a)–(d), no more than one penalty shall be imposed pursuant to this subsection (13) upon any single location within a 7-day period.