(1) Except as provided in 16-4-906, a person who violates the provisions of this part commits a civil offense.
(2) A person convicted under subsection (1):
(a) for a first offense, must be mailed a certified letter by the department ordering that person to cease and desist committing the violation;
(b) for a second offense, shall be fined a civil penalty not to exceed $500; and
(c) for a third or subsequent offense, shall be fined a civil penalty not to exceed $2,500.