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1323.99 PENALTY. <br />Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the third <br />degree. If the offender has been previously convicted of a violation of this chapter, such second or <br />subsequent offense shall constitute a misdemeanor of the seeend first degree. <br />Section 9. That new Section 1306.991 Penalty, of the Lakewood Codified Ordinances is <br />hereby enacted to read as follows: <br />1306.991 Penalty <br />(a) Any person who violates any provision of this code shall be guilty of a misdemeanor of the <br />fourth degree on a first offense. If the offender has previously been convicted of a violation of this <br />section, a violation is a misdemeanor of the third degree. If the offender has previously been <br />convicted of two violations of this section, a violation is a misdemeanor of the second degree. If <br />the offender has previously been convicted of three or more violations of this section, a violation is <br />a misdemeanor of the first degree. Each day such violation occurs or continues shall constitute a <br />separate offense. <br />(b) Any person who violations any provision of this code which results in damage to property, <br />injury to person or substantial risk of harm, shall be guilty of a misdemeanor of the first degree. <br />Each day such violation occurs or continues shall constitute a separate offense. <br />(c) The imposition of any penalty shall not preclude the Director of Law from instituting an <br />appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or <br />maintenance; or to restrain, correct or abate a violation, or to prevent the occupancy of a building, <br />structure or premises, or to require compliance with the provisions of this Code, or other applicable <br />laws, ordinances, rules or regulations, or the orders or determinations of the Building Commissioner, <br />the Mayor, the Board of Zoning Appeals and Board of Building Standards and Building Appeals. <br />Section 10. It is found and determined that all formal actions of this Council concerning <br />and relating to the passage of this ordinance were adopted in an open meeting of this Council, and <br />that all such deliberations of this Council and of any of its committees that resulted in such formal <br />action were in meetings open to the public in compliance with all legal requirements. <br />Section 11. This ordinance is hereby declared to be an emergency measure necessary for <br />the immediate preservation of the public peace, property, health, safety and welfare in the City and <br />for the usual daily operation of the City for the reasons set forth and defined in the preamble to <br />this resolution, and provided it receives the affirmative vote of at least two thirds of the members <br />of Council, this ordinance shall take effect and be in force immediately upon adoption by the <br />Council and approval by the Mayor, or otherwise it shall take effect and be in force after the earliest <br />period allowed by law. <br />c , <br />Adopted 31� �oa� <br />Daniel J. O' ,President of Council <br />I mt. �Rx�� <br />Maureen M. Bach, Clerk of Council <br />