§ 9-36. Violation; civil penalties.

(a)

A person who knowingly violates any provision of this article is subject to a civil penalty of not more than one hundred dollars ($100.00) for the first violation. A person who has previously been found in violation of any provision of this article is subject to a civil penalty of not more than two hundred fifty-dollars ($250.00) for a second or any subsequent violation. The installation in this city of each plumbing fixture that fails to comply with the standards prescribed by this article constitutes a separate violation. Tampering with a fixture that was originally designed to comply with the standards prescribed by this article constitutes a violation. If a violation involves installing a fixture that does not comply with the standards prescribed by installing a fixture that does not comply with the standards prescribed by this article, the person who acquired the building or plumbing permit or the person who installed the fixture, or both, are subject to the penalties specified in this section.

(b)

The city may bring an action to recover penalties under this section in superior court in the county in which the violation occurred, after a hearing conducted pursuant to Sec. 9-37.

(c)

This section does not apply to the owner or occupant of a residential dwelling who violates this article in connection with the installation of a plumbing fixture in a residential dwelling occupied by the owner or occupant.

(Ord. No. 1793, § 1, 14-12-93)