§ 1-7. General penalty; continuing violations.

(a)

In this section, the term "violation of this Code" means:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance;

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance; or

(3)

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the term "violation of this Code" does not include the failure of a city officer or city employee to perform an official duty, unless it is provided that failure to perform the duty is to be punished as provided in this section or it is clear from the context that it is the intent to impose the penalty provided for in this section upon the officer or employee.

(c)

Except as otherwise provided:

(1)

A person convicted of a violation of this Code shall be punished by a fine not exceeding $1,000.00 (excluding surcharges) or imprisonment for a term not exceeding 60 days, and as an alternative to fine or imprisonment, to sentence any offender upon the conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 30 days.

(2)

In those cases where the municipal court has jurisdiction to try cases involving the violation of state law, the court will impose those penalties as provided by state law.

(3)

With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense.

(4)

With respect to violations of this Code that are not continuous with respect to time, each day the violation continues is a separate offense.

(5)

Code enforcement violation fines. All code enforcement violations as in this Code or the adopted City of Woodstock Property Maintenance Code shall be deemed as a misdemeanor and shall carry a minimum fine of $100.00 per violation (excluding surcharges). Each day that the violation continues after a citation has been issued, shall be deemed to be a separate offense and will constitute a fine of $100.00 a day (excluding surcharges) until the violation has been remedied. The code official at his discretion may allow for additional time to remedy the violation prior to the citation being issued. All fees for activities and services performed shall be determined by the judge of the municipal court following a citation.

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.

(e)

Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.

(Ord. No. 90-04-23, 4-23-1990; Ord. of 10-8-2012(1); Ord. of 11-28-2016)

State law reference

Limitations on penalties, O.C.G.A. § 36-35-6(a)(2).