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ORDINANCE NO. 2006-06_ . AN ORDINANCE TO AMEND CHAPTER 17 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 17-26 THEREOF, PERTAINING TO HOUSING CODE VIOLATIONS AND PROCEDURES FOR ABATEMENT OF NUISANCES. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia; 1. That Section 17-26 of the Code of the City of Portsmouth, Virginia (1988) be amended and reordained to read as follows: Sec. 17-26. Violations; procedures for abatement of nuisances. . (a) Any person who violates or fails to comply with the provisions of this article or the housing code shall be guilty of a misdemeanor. Each violator of a separate and distinct provision shall be a separate offense and each such offense shall be punishable by a fine of not more than two thousand five hundred $2,500.00; additionally, if the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the Code. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six months of the date of conviction. Each day during which the violation continues after the court-ordered abatement period has ended shall constitute a separate offense. Any person convicted of a second offense committed within less than five years after a first offense under this chapter shall be punished by a fine of not less than $1,000.00 nor more than $2,500.00. Any person convicted of a second offense committed within a period of five to ten years of a first offense under this chapter shall be punished by a fine of not less than $500.00 nor more than $2,500.00. Any person convicted of a third or subsequent offense involving the same property committed within ten years of an offense under this chapter after having been at least twice previously convicted shall be punished by confinement in jail for not more than ten days and a fine of not less than $2,500.00 nor more than $5,000.00, either or both. No portion of the fine imposed for such third or subsequent offense committed within ten years of an offense under this chapter shall be suspended. (b) Notwithstanding any of the provisions of this article, whenever in the judgment of the code official there exists upon any land or premises or in any dwelling unit any condition that constitutes a nuisance or menace to health that should be remedied, abated or removed immediately, the code official may proceed in accordance with the provisions of sections 2-425 and 2-426. . (c) Any owner or any person, firm or corporation violating any provisions of this article relating to the removal or the covering of lead-based paint which poses a hazard to health of pregnant women or children under the age of six f6j years who occupy the premises shall, upon conviction, be subject to the penalties provided in Paragraph (a) of this section. Upon a reasonable showing to the court by a landlord, as defined in ~55-248.4 of the Code of Virginia, 1950, as amended, that such landlord is financially unable to abate the lead-based paint hazard, the court shall order any rental agreement related to the affected premises terminated effective thirty (30) days from the entry of the court order. For the purposes of the preceding sentence,