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Where a person or entity has been found to have committed a violation under this Chapter, regardless of whether the violation was resolved without penalty, the failure to abate the violation, or the commission of a subsequent violation, or the violation of a written order of the Hearing Examiner after having received notice of the order as provided in this Chapter, shall each constitute a repeat violation and shall each be a misdemeanor subject to the penalties and provisions of SMC 1.14.030. The City Attorney, or the City Attorney’s designee, shall, at his or her discretion, have authority to file a repeat violation as either a civil violation or as a misdemeanor.