§ 11-5-12. Penalties.

(a)

Civil violation. Any person who commits, permits, assists in or attempts any violation of this chapter, whether by act or omission, shall be liable for a civil violation as follows:

(1)

The first violation of this chapter by such person shall be punished by a civil penalty in the amount of $50.

(2)

The second violation of this chapter committed by such person within seven days of the first violation shall be punished by a civil penalty in the amount of $100.

(3)

The third and any subsequent violation of this chapter committed by such person within 14 days of the first violation shall be punished by a civil penalty in the amount of $500.

(b)

Criminal violation. Any person who knowingly refuses or neglects to comply with any written order to cease or abate any violation of this chapter, issued by an authorized enforcement officer, shall be guilty of a class 2 misdemeanor.

(c)

Each hour of a continued violation shall constitute a separate offense under this chapter.

(d)

Procedures.

(1)

If an authorized enforcement officer determines that a violation of this chapter has occurred, the officer may cause a notice of the violation to be served on any or all persons committing, permitting, assisting in or attempting such violation.

(2)

The notice shall provide that the person charged with a violation may elect to make an appearance in person, or in writing by mail, to the treasurer of the city, and admit liability for or plead no contest to the violation, abate the violation, and pay the civil penalty established for the violation, all within the time period fixed in the notice.

(3)

If a person charged with a violation does not elect to admit liability or plead no contest, and abate the violation, the violation shall be tried in the Alexandria General District Court upon a warrant in debt or motion for judgment, with the same right of appeal as provided for civil actions at law.

In the event the violation exceeds the jurisdictional limits of the General District Court, the violation shall be tried in the Alexandria Circuit Court.

(4)

A finding of admission of liability or a plea of no contest to a civil violation shall not be deemed a criminal violation for any purpose.

(5)

A notice of civil violation, or a summons or arrest for a criminal violation, as provided in this section, may be issued or had, notwithstanding that no prior notice of violation and ordering of corrective measures as provided in section 11-5-10 has been given.

(6)

The provisions for judicial review contained in section 11-5-16 shall have no application to notices of violation, or summons or arrests, issued or made under the provisions of this section. (Code 1963, Sec. 22A-13; Ord. No. 3726, 6/14/93, Sec. 2)