A.    It is illegal to violate any requirements of this chapter. Any owner of any property which is in violation of the requirements of this chapter shall be guilty of an infraction. Any person operating a solid fuel burning appliance in violation of this chapter is guilty of an infraction. The third violation by the same person within a twelve month period shall constitute a misdemeanor. Prosecution of any violation of this chapter may be against the property owner, the occupant, or both.

    B.    Violation of any portion of this chapter may result in assessment of civil penalties against the property and against an individual person or persons as follows:

    1.    First violation within a twelve month period, fifty dollars;

    2.    Second violation within a twelve-month period, one hundred dollars;

    3.    Third violation within a twelve-month period, two hundred fifty dollars; and

4.    Four or more violations within a twelve-month period, five hundred dollars per violation.

    C.    Each and every day a violation exists is a new and separate violation. Right to appeal, hearings and collection of civil penalties shall be pursuant to the procedures set forth in Chapter 1.12 of this code.

    D.    Nothing in this section shall prevent the city from pursuing criminal penalties or using any other means legally available to it in addressing violations of this chapter.

    E.    Whenever necessary to make an inspection to enforce any of the provisions of this code, or whenever the air pollution control officer or his authorized representative has reasonable cause to believe that there exists in any building or upon any premises any condition which violates the provisions of this chapter, the air pollution control officer or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the air pollution control officer by this code; provided, that if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premisses and request entry. If such entry is refused, or if the owner or person having charge or control of the building or premises cannot be contacted, the air pollution control officer or his authorized representative shall have recourse to every remedy provided by law to secure entry. (Ord. 590 § 1 (part), 2001)