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(a) Civil penalties.

(1) Any person who violates any provision of this article or any order, rule, regulation or permit issued under this article shall be subject to a civil penalty of not more than $5,000.00 per day for each day during which such violation occurs or continues.

(2) In addition to the penalties provided in subsection (a) of this section, the city may recover reasonable attorneys' fees, court costs, court reporter's fees and other expenses of litigation by appropriate suit at law against the person found to have violated this article or the orders, rules, regulations and permits issued under this article.

(b) Criminal penalties.

(1) Any person who violates any provision of this article or any order, rule, regulation, or permit issued under this article shall, upon conviction, be punished by a fine of not more than $5,000.00 or by imprisonment for not more than six months or by both.

(2) Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense.

(3) Any fine imposed under this section shall not be suspended by any municipal judge. (Code 1979, § 39-107)