§ 87-130. AMOUNT OF ADMINISTRATIVE PENALTY

(a)

Unless provided otherwise in this code, administrative penalties for the violation of any ordinance which is an infraction shall be assessed as follows:

(1)

Except as provided in Subdivision (2), a fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding five hundred dollars ($500.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(2)

A violation of any local building and safety code shall be punishable by a fine not exceeding one hundred dollars ($100.00) for a first violation; a fine not exceeding five hundred dollars ($500.00) for a second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(b)

Unless provided otherwise in this code, administrative penalties for the violation of any ordinance designated as a misdemeanor shall be assessed as follows: a fine not exceeding two hundred fifty dollars ($250.00) for the first violation; a fine not exceeding five hundred dollars ($500.00) for the second violation of the same ordinance within one year from the date of the first violation; and, a fine not exceeding one thousand dollars ($1,000.00) for each additional violation of the same ordinance within one year from the date of the first violation.

(c)

Except as specified in Subsection (d) of this section, upon issuance of the administrative citation, the administrative penalty shall be due immediately.

(d)

Where the administrative citation is issued for a continuing violation, unless the violation creates an immediate danger to health or safety or involves the cultivation of marijuana, the responsible party shall be provided with an opportunity to correct the violation prior to the imposition of the administrative penalty in accordance with the following:

(1)

If a responsible party fails to correct a first violation within five days after the notice and order of administrative citation is served under Section 87-050, the administrative penalty established by the order administrative citation shall become effective and due immediately. The administrative penalty shall not exceed two hundred fifty dollars ($250.00).

(2)

The administrative penalty, or any portion thereof, for a first-time violation which has become effective following the five day corrective period may be waived by the public official in his/her sole discretion only if the responsible party corrects the violation in accordance with all conditions established by the public official.