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A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this chapter or GHMC Titles 12, 13 and/or 14 shall be subject to a cumulative penalty in the amount of $100.00 per day for each violation from the date set for compliance until compliance with the order is achieved.

B. The penalty imposed by this section shall be collected by civil action filed by the city attorney, and brought in the name of the city. The public works director shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the public works director, take appropriate action to collect the penalty.

C. The violator may show as full or partial mitigation of liability:

1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or

2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. (Ord. 870 § 1, 2001).