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• - ?_ <br />(b) It shall be a defense to any such action brought by the City, whether criminal or civil in <br />nature, that the Building Official expressly authorized a minor deviation from an owner's approved <br />plans as a result of a field inspection of the property conducted by the Building Official. <br />(c) For purposes of paragraph (a) above, the phrase "plans approved" shall rnean the finally <br />approved building, sign and site development plans for the property, the landscaping and lighting <br />plans for the property, and all statements concerning the use and/or development of the property <br />appearing affirmatively on the face of the record of the proceedings of the owner's application for <br />a building permit which were expressly made a condition of Planning Commission's approval and not <br />thereafter expressly removed as a condition of approval by Council. <br />SECTION 2: That Section 1121.99 of Chapter 1121 of the Zoning Code, entitled "Penalty," <br />which presentiy reads as follows: <br />"I121.99 PENALTY. <br />The owner or owners of any building or premises, or a part thereof, where anything in <br />violation of the Zoning Code is placed or exists, and any person who assists or participates in the <br />commission of any such violation, and any person who violates any of the provisions of the Zoning <br />Code or fails to comply therewith, or any requirements thereof, or who builds in violation of any <br />detailed statement of plans submitted and approved thereunder, or has failed to comply with any <br />lawful order issued by the Building Official or the Board of Zoning Appeals within the time specified <br />in such order, sha11 for each and every violation of noncompliance be fined not more than forty-nine <br />dollars ($49.00), and each day during which such violation continues shall constitute a separate <br />offense. " <br />be amended, and, as amended, shall read as follows: <br />"1121.99 PENALTY. <br />(a) Except as otherwise provided in paragraph (b) below, the owner or owners of any <br />building or premises, or a part thereof, where anything in violation of the Zoning Code is placed or <br />exists, and any person who assists or participates in the commission of any such violation, and any <br />person who violates any of the provisions of the Zoning Code or fails to comply therewith, or any <br />requirements thereof, or has failed to comply with any lawful order issued by the Building Official or <br />the Board of Zoning Appeals within the time specified in such order, sha11 for each and every violation <br />of noncompliance be fined not more than forty-nine dollars ($49.00), and each day during which such <br />violation continues shall constitute a separate otfense. <br />(b) Any person who violates Section 1126.08 of the Zoning Code shall be fined One Hundred <br />Dollars ($100.00) per day for the tirst five days of his violation of said Section 1126.08, and Two <br />Hundred Fifty Dollars ($250.00) per day for every subsequent day of violation. For purposes of this <br />paragraph, each day during which such violation continues shall constitute a separate violation of said <br />Section 1126.08." <br />SECTION 3: That any ordinance or part of any ordinance, heretofore adopted by this <br />Council which is in conflict or inconsistent with this Ordinance, is, to the extent of any such conflict <br />i <br />I