§ 19-358. Offense.

(a)

A person commits an offense if the person maintains a public nuisance as described by section 19-357.

(b)

An offense under this article is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00). In the event, a defendant has once previously been convicted under this article; the defendant shall be fined an amount not less than one hundred dollars ($100.00) for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.

(c)

Upon conviction, the court shall order abatement and removal of the nuisance within ten (10) calendar days of conviction.

(1)

The person convicted shall be responsible for the removal and abatement as provided in subsection 19-363(b) and shall provide verification of the abatement and removal within fourteen (14) calendar days of conviction.

(2)

Should the convicted person fail to remove the nuisance within the time allowed, the city shall remove and abate the nuisance without further notice to any party and shall recover all costs for the removal and abatement in the manner provided in this article.

(Ord. No. 100203, § 3, 12-16-04)