A. Any person, firm, corporation, partnership, enterprise or association, whether as principal, owner, agent, tenant, or otherwise, who violates, disobeys, omits, refuses to comply with, or who resists the enforcement of any of the provisions of this code shall be subject to a civil penalty. Upon a finding of a civil violation, the court shall impose a fine not to exceed two hundred fifty dollars ($250.00). Each day a violation of any provision of this section continues to exist shall constitute a separate offense.

B. Customers who are noncompliant with the testing and maintenance provisions of this code (Section 15-23-13) shall be fined as follows: for the first offense there will be a one-hundred-dollar ($100.00) fine in addition to the testing costs. Customers who are in noncompliance for two (2) consecutive compliance periods shall be subject to a two-hundred-fifty-dollar ($250.00) fine in addition to the testing costs.

C. Notwithstanding subsection (A) of this section, a second or subsequent violation of any of the provisions of this section within a two (2) year period shall be deemed a misdemeanor. Upon conviction of a misdemeanor, the defendant shall be sentenced pursuant to the provisions of the Oro Valley Town Code. ((O)07-21, 03/21/2007; (O)98-03, 01/07/1998. Formerly 15-23-13)