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1363.99 BUILDING CODE 116 <br />? <br />(b) Penal . Whoever violates or fails to comply with any of the provisions of this <br />chapter other than those described in paragraph (a) above, including but not limited to a final <br />order as specified in Section 1363.08 (d)(3), is guilty of a misdemeanor of the fourth degree <br />and shall be fined not more than two hundred and fifty dollars ($250.00) and subject to <br />imprisonment of not more fhan sixty days, or both, for each and every day the violation <br />continues to exist after the date of the final order. Further, if a person was previously <br />convicted of a violation of any provision of this Chapter within one year prior to the date of the <br />final order, then such person shall be guilty of a misdemeanor of the third degree, subject to a <br />fine of not more than five hundred dollars ($500.00) and a term of imprisonment of not more <br />than sixty days, or both, for each and every day the violation continues to exist after the date <br />of the final order. Further, the court is hereby authorized and encouraged to order, as a <br />condition of probation or otherwise, that the offender cure the violation of any and all <br />provisions of this chapter upon which the citation and conviction are based, by complying with <br />the notice to comply issued pursuant to Section 1363.08(d)(3) or otherwise upon such <br />restrictions and within such reasonable time as ordered by the court. <br />(c) Application of Penaltv to Officers or Aizents. Where the defendant is other than <br />a natural person, subsection (a) hereof shall also apply to any agent, superintendent, officer, <br />member or partner who, alone or with others, has charge, care or control of the premises <br />(d) Equitable Remedies. The imposition of any penalty shall not preclude the <br />Director of Law or Prosecutor from instituting an appropriate action or proceeding in a court <br />of proper jurisdiction to prevent an unlawful repair or maintenance; or to restrain, correct or <br />abate a violation; or to prevent the occupancy of a building, structure or premises; or to ? <br />require compliance with the provisions of this Code or other applicable laws, ordinances, rules <br />or regulations or the orders or determinations of the Property Maintenance Officer or the <br />Board of Building Code Appeals. <br />(Ord. 2008-44. Passed 5-20-08.) <br />2008 Replacement