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A. Any violation of this code may be prosecuted as a criminal offense. Unless expressly described as an infraction, a violation of any provision of this code, or failure to comply with any mandatory requirement hereof, shall constitute a misdemeanor. Notwithstanding the preceding sentence, a violation of this code may, in the discretion of the prosecuting attorney or other enforcing authority, be charged and prosecuted as an infraction.

B. Any person convicted of a misdemeanor pursuant to this code, unless provision is otherwise herein made, may be punished by a fine of not more than one thousand dollars or by imprisonment in the county jail for a period of not more than six months or by both fine and imprisonment.

C. Any person convicted of an infraction pursuant to this code may be punished by a fine of not more than one hundred dollars for a first violation or a fine of not more than two hundred dollars for a second violation of the same code section within one year. A third (or subsequent) violation of the same code section by the same person within a twelve-month period may be charged and prosecuted as a misdemeanor, even if such violation would otherwise be described as an infraction.

D. Upon entry of a second or subsequent conviction against the same responsible party within a two-year period for a condition of affected property constituting a nuisance condition under Chapters 1.10 through 1.15, the court may require the responsible party to pay to the city treble the cost of the abatement (except for conditions abated pursuant to Health and Safety Code Section 17980). Any costs awarded to the city may be enforced in the manner described in Section 1.14.140.

(Ord. 2250 NCS §3 (part), 2006.)