10.06A.080 Penalties.

Penalties for violations of the provisions of this chapter are as follows:

(a)    Notice and Order. The department of public works may issue a notice of minor violation and an order to correct the minor violation within ten (10) days from the date of issuance of the notice and order. The permit holder receiving such notice and order may appeal the issuance of the notice and order to the director of public works, at which time a hearing time before the hearings examiner will be established. The notice of appeal must be received by the director of public works before the expiration of the ten (10) day period. The notice and order become final after ten (10) days without a proper notice of appeal being filed with the director of public works.

(b)    All issues of notice and orders, including fines and penalties to be imposed, shall be governed by Clark County Code Title 32. The penalty for a first time violation of Chapter 10.06A shall be two hundred dollars ($200) a day for every day or part of a day that the violation continues. A second violation shall be four hundred dollars ($400) a day for every day or part of a day that the violation continues. A third violation shall carry a penalty of nine hundred dollars ($900) for every day or part of a day that the violation continues. These penalties may continue to accrue until the violation is abated. Prosecution of any violations of Chapter 10.06A as a misdemeanor shall occur if more than three (3) violations of the same kind occur in less than five a (5) year period.

(c)    In addition to the notice and order provisions and the misdemeanor provisions in subsections (b) and (d) of this section, a citation may be issued for violations of this chapter in accordance with Clark County Code Section 32.04.055.

(d)    Misdemeanors. All violations of Clark County Code Chapter 10.06A are misdemeanors punishable by up to one thousand dollars ($1,000) and/or up to ninety (90) days in the county jail. Criminal prosecution in lieu of or in addition to any civil penalty provided for in this section may be initiated by the prosecuting attorney when staff of the sheriff’s office or the department of public works are of the opinion that the civil penalty has or will not be effective, timely, or when the violation is a third violation as set forth above. (Sec. 1 of Ord. 1997-12-11)