§ 20.04.200. Penalty.

(a)

Any person who violates any of the provisions of this chapter, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by the following:

(1)

Upon a first conviction, a fine of not more than one thousand dollars;

(2)

Upon a second conviction, a fine of not less than one hundred dollars nor more than one thousand dollars;

(3)

Upon a third conviction, a fine of not less than five hundred dollars nor more than one thousand dollars;

(4)

Upon a fourth or subsequent conviction, a fine of not less than one thousand dollars nor more than two thousand five hundred dollars;

In addition to the preceding fines such person may be punished by a term of imprisonment which shall not exceed twelve months, or by both such fines and imprisonment.

(b)

The imposition of the fines established in subparagraph (a) herein shall be mandatory and the court shall not waive, remit, suspend, parole or otherwise excuse the payment thereof except that the court may order that the defendant perform community service specified by the court but such an order shall be entered only after the court has required the defendant to file an affidavit of such defendant's financial condition as required by Section 1.04.210(e) and amendments thereto, and the court has found from the information contained in the affidavit that the defendant is financially unable to pay the fines imposed herein.

(c)

For the purposes of determining whether a conviction is a first or subsequent conviction in sentencing under this section:

(1)

conviction includes being convicted of a violation of this section, and it is irrelevant whether an offense occurred before or after conviction for a previous offense.

(2)

conviction includes being convicted of a violation of this chapter or entering into a diversion agreement in lieu of further criminal proceedings on a complaint alleging a violation of this section;

(3)

any convictions occurring during the three years prior to the date of the occurrence shall be taken into account when determining the sentence to be imposed.

Each day that any violation of this ordinance continues shall constitute a separate offense and be punishable hereunder as a separate violation.

In addition to the penalties set forth above, the Judge of the Wichita Municipal Court may, in his or her discretion, require that the owner register such dwelling or dwelling unit with the Superintendent of Central Inspection pursuant to Chapter 30 of the Code of the City of Wichita.

(Ord. No. 27-902 § 19; Ord. No. 47-302, § 10, 11-21-06)