Section 4.78.100 Penalties.

1. Any person as defined herein who violates any of the provisions of this chapter and fails to take remedial action of the nature and/or in the time established to correct the environmental violations shall have committed a municipal infraction punishable by a civil penalty of One Thousand Dollars ($1,000.00) for the initial offense and for each repeat offense. Each day that a municipal infraction occurs constitutes a separate offense. Any person, as defined herein, who violates a provision of this chapter at the same location shall be found to have committed a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the City from seeking alternative relief, including an Order for Abatement or injunctive relief, from the court in the same or as a separate action.

2. Upon the filing of a municipal infraction and trial thereof, any person identified as a significant odor generator as defined and found to have caused or continued to cause odor emissions shall be guilty of a municipal infraction and the court before whom such finding is made may, in addition to the fine imposed, if any, or to the judgment for damages or cost, order that such nuisance be abated or enjoined by and at the expense of the defendant. (Ord. 92/U-425)