(A) In lieu of filing a lien as set out in § 102.11, the city may bring an action in City Court or any other court of concurrent jurisdiction, provided the defendant was notified pursuant to § 102.09. Said action may be brought on a uniform traffic ticket (UTT) alleging a violation of this chapter. Any person notified pursuant to § 102.09 who fails or refuses to act as directed therein shall, upon conviction, be fined $25 for each day after the expiration of seven days, plus costs and attorney fees.
(B) Each day after the seven-day period expires shall constitute a separate offense. A new UTT need not be issued each and every day in order for each day to constitute a separate violation. Evidence may be presented to the court concerning the condition of the property from the date the UTT was issued until the date the hearing is held.
(C) The court shall determine the number of days said property is in violation. Any action brought pursuant to this section shall prohibit a lien being filed as set out herein for the same acts alleged in the complaint (UTT) by the city pursuant to this section. However, in lieu of the issuance of notices of violation of this chapter, the city may file a suit for injunction against the offender seeking an injunction to prohibit such activity and to comply with the provisions of this subchapter. The suit may seek fines as provided for herein. Further, the city shall be entitled to recover all costs and expenses including attorney fees if the defendant is found to be in violation of the provisions of this chapter.
(Ord. 1755, passed 6-6-22)