7.04.01 Civil Action.
A. In addition to the penalties otherwise provided, any condition caused or permitted to exist in violation of any provision of this Code or any ordinance, which provision is intended for the protection of the public health, safety or welfare, may be determined to constitute a public nuisance and may be abated by the City as provided by law.
B. Prior to taking civil action, the City shall notify the defendant of the provisions of the Code that are being violated. Upon initiation of the civil action, the City shall demonstrate that the defendant was actually notified of the provisions of the Code; and that after receiving notice, the defendant committed acts in violation of the Code or failed to take action necessary for compliance with the Code.
7.04.02 Injunction and Other Remedies.
Any structure erected or used, or any development that is planned or implemented, contrary to any of the provisions of this Code or to any of the requirements contained in a final plat or site plan approved by the City Council, is hereby declared to be unlawful and shall constitute a violation of this Code. The City Council may initiate the legal process to obtain an injunction, mandamus, abatement or any other action available in law or equity to prevent, enjoin, abate, correct or remove such unlawful structure, use, or development, or otherwise ensure compliance with this Code.
7.04.03 Civil Penalties.
Any person who violates any provision of this Code is subject to a civil penalty of up to one thousand dollars ($1,000.00) and not less than one hundred dollars ($100.00), or more as permitted by law, for each act of violation and for each day of violation.
7.04.04 Penalties are Cumulative.
The penalties in this section shall be cumulative and not exclusive of any other rights or remedies the City may have.
