2000-08-01 P & Z Agenda - Laserfiche WebLink

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, I 1 ' . ' \ .. the prevailing party shall recover judgment for his attorney's fees incurred in bringing the action, in an amount deemed reasonable by the Court, against the non-prevailing party. Sec. 13.5. Criminal Penalty The violation of or 1ailure to comply with any of the provisions of this Code or Ine erection, use. or display of any sign not in compliance with a)1 of the provisions of this Code shall be and hereby is declared to be a misdemeanor. Upon conviction, any person in violation of or failure to comply with any of the provisions of this Code Dr the Dwner Dr user of an unlawful sign or the owner of the property upon which an unlawful sign is located, shall be punished by a fine of not more than $250 or by imprisonment for nol more Ihan 30 days tor each week, or porlion thereat, Ihat the violation or non-compliance or use or display of the unlawful sign has continued. Every person concerned in the viola~ion ot or failure to comply with the Code, whether he directly commits the act or aids or abets the same. and whether present or absent, shall be proceeded against and held as a principal. Provided, however, that the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to the said misdemeanor penalties only if demand for removal or alteration of the unlawfu! sign shall have been mailed by regi- stered mail, return receipt requested, to said owner and the demand has remained uncomp\led with for more than 30 days. Sec. 13.6. Assurance of Discontinuance As an additional means of enforcing this Code, the Administrator may accept an assurance of Discon1inuance of any act or practice deemed in violatiDn of this Code or of any rule Or regu- lation adopted pursuant hereto, jrom any person engaging in, or who has engaged in such act or practice. Any such assurance shall specify a time limit during which such discontinuance is to be accomplished. Failure to perform the forms of any such assurance shall constitute prima facia proof of a violation of this Code or any rule or regulation adopted pursuant hereto or order issued pursuant thereto, which make the alleged act or practice unlawful for the purpose of securing any iniunctive relief from a court of Competent Jurisdiction. 52 .