§ 2-14-100

Violations of orders

a.

Elements of the offense. A person violates this section if he or she:

1.

receives notice and an opportunity to be heard under this Code; and

2.

knowingly fails to comply with an order issued by an administrative law officer under this chapter, including any requirement of a subpoena.

Each day that the violation occurs shall be considered a separate and distinct offense.

b.

Defenses. It shall be an affirmative defense to this section that a court of competent jurisdiction stayed the order issued by the administrative law officer prior to the effective date of the order.

c.

Prohibited defenses. It is not a defense to this section that a person:

1.

came into compliance or attempted to come into compliance with the order after the date the order by its terms required compliance; or

2.

sought judicial review of the order but failed to obtain a stay of the order prior to the date the order by its terms required compliance.

d.

Sentence. A person convicted under this section shall be punished by:

1.

a fine of not less than $200.00 and not more than $500.00 for each offense;

2.

incarceration for not more than 180 days for each offense; and/or

3.

an order to perform community service for a period not to exceed 200 hours for each offense.

However, whenever the order giving rise to the offense is an order of abatement pursuant to Chapter

7-4, Section 8-4-090" destination-id="JD_8-4-090">8-4-090 or Section 13-12-145" destination-id="JD_13-12-145">13-12-145 of this Code, the sentence shall include a mandatory minimum sentence of no less than four days incarceration.

e.

Venue. The corporation counsel shall institute actions under this section in a court of competent jurisdiction.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 4)

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