§ 8-547. Penalty.

(a)

Any property owner, representative or tenant found in violation of this article shall be subject to prosecution in the city municipal court. Any person found guilty of violating the provisions of this article shall be subject to a fine of not less than $100.00 nor more than $1,500.00, and the municipal judge may, as part of any sentence for violation of the provisions of this article, assess the costs incurred by the unified government for abatement of the nuisance against the violator of these provisions. This assessment may be in addition to or in lieu of the fine imposed.

(b)

Any person found guilty of violating this article two or more times within any one-year period shall be fined not less than $250.00 nor more than $1,500.00.

(c)

Prosecution of any offender under this article does not limit the unified government's right to pursue assessment or collection of costs as stated in this article, or by other laws.

(d)

Each day that any violation of this article shall continue shall constitute a separate offense.

(e)

The unified government shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provision of this article, to seek civil penalties, to abate nuisances maintained in violation thereof, and, in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful excessive growth of vegetation.

(Code 1988, § 8-587; Ord. No. 65619, § 18, 4-19-1991; Ord. No. 66271, § 1, 9-4-1997; Ord. No. O-5-19 , § 1, 2-14-2019)

Cross reference

Penalty, § 8-547.