A. Failure to Comply. Any person who violates any of the provisions of this code or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by the hearing examiner or by a court of competent jurisdiction, within the time fixed therein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor, punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days or both such fine and imprisonment. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.

The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.

B. Civil Penalty for Operating without a Required Permit. Whenever the fire marshal determines that a person, firm, corporation or company is operating without permit(s) as required by this code, he/she may, in addition to, or as an alternative to, any other enforcement remedies the city may have, impose a civil penalty in an amount equal to two times the amount of the required permit fee, plus $100.00 per day for each day that operations continue without the required permit(s). Written notice of intent to impose such penalty shall be served pursuant to the notice provisions of Chapters 1.40 and 2.22 LMC. Such civil penalty notice may be appealed by filing with the fire marshal, within five working days of service of said notice, a written request for a hearing before the city’s hearing examiner, per Chapter 16.50 LMC. (Ord. 3306 § 2 (Exh. 2), 2018; Ord. 3196 § 1, 2016; Ord. 3007 § 1, 2013)