Chapter 1.16
GENERAL PENALTY
Sections:
1.16.020 Cumulative civil penalty.
1.16.030 Notice of violation – Assessment of penalty.
1.16.040 Collection of civil penalty.
1.16.050 Compromise, settlement and disposition of suits.
1.16.060 Additional criminal penalties.
1.16.010 Designated.
A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the City is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor under the ordinances of the City shall be punished by a fine not to exceed $1,000 and/or 90 days in jail.
B. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the City is committed, continued or permitted by any such person, and he is punishable accordingly. (Ord. C-258 § 1, 1992; Ord. 175 § 1, 1978)
1.16.020 Cumulative civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person, firm or corporation which violates the provisions of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, Uniform Fire Code, the Airway Heights nuisance ordinance and the City zoning ordinance or any ordinance calling for a notice of violation and imposing of civil fine(s) shall incur a cumulative civil penalty in the amount of $25.00 per day from the date set for the correction, pursuant to AHMC 1.16.030, until the violation is corrected unless a different penalty is specifically provided by the ordinance; provided, no penalty shall exceed $500.00 or any maximum set by law, whichever is less. (Ord. C-169 § 1, 1988)
1.16.030 Notice of violation – Assessment of penalty.
A. Whenever the Building, Planning, Fire or Nuisance Control Official, herein referred to as “Official,” determines that a continuing violation of the above ordinance set out in AHMC 1.16.020 is occurring, that Official is authorized to issue a notice of violation directed to the person(s) permitting, committing or causing such violation.
B. The notice of violation shall contain:
1. The name and address of the person(s) to whom the notice of violation is directed;
2. The street address when available or a legal description or other description sufficient for identification of the building, structure, premises or land upon or within which the violation is occurring;
3. A concise description of the nature of the violation and the ordinance or provision of the ordinance violated;
4. A statement of the action required to be taken as determined by the Official and a date for correction which shall be not less than 30 days from the date of the notice of violation unless the Official has determined the violation to be an immediate hazard to life or property; and
5. A statement that the cumulative civil penalty in the amount of $25.00 per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction after which the violation continues.
C. The notice of violation shall be served upon person(s) to whom it is directed either personally in the manner provided for personal service summons in justice court or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested, to such person(s) at his last known address. Proof of personal service shall be made at the time of service by a written declaration under penalty of perjury executed by persons effecting service, declaring time, date and the manner by which service was made.
D. For good cause shown the Official may extend the date for correction in the notice of violation. (Ord. C-169 § 2, 1988)
1.16.040 Collection of civil penalty.
The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. The City Attorney on behalf of the City is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues. (Ord. C-169 § 3, 1988)
1.16.050 Compromise, settlement and disposition of suits.*
Any authorized City official with the approval of the Mayor and Council may with the City Attorney enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the City. (Ord. C-169 § 4, 1988)
* Code reviser’s note: The City of Airway Heights changed from a strong mayor to a council-manager form of government in 2002. During the 2006 codification some references to Mayor were changed to City Manager in error. These errors have been corrected in the September 2008 supplement to the AHMC.
1.16.060 Additional criminal penalties.
It is the intention of the City Council that the civil penalties provided for herein shall be applied to first and second violations of the same ordinance. The criminal penalty as designated in AHMC 1.16.010 shall be used when a person(s), firm(s) or corporation(s) has been convicted of the same ordinance violation on two previous occasions. (Ord. C-169 § 5, 1988)