(a) Penalty. Whoever violates any provisions of this chapter, or any rule or regulation promulgated hereunder, or fails to comply herewith, or order issued hereunder, or whoever interferes with, obstructs or hinders the Director of Administration, or other designated official, is guilty of a first degree misdemeanor, subject to fines not to exceed one thousand dollars ($1,000) or a jail sentence not to exceed one hundred and eighty days. Each day said violation occurs or continues shall constitute a separate offense. In addition to any criminal penalties that may be imposed, any person, or entity who violates or fails to comply with any of the provisions of this Code shall be subject to the following administrative penalties:
(1) For a first offense, an administrative fine of $200.00.
(2) For a second offense, an administrative fine of $600.00.
(3) For a third offense, an administrative fine of $1,200.00.
(b) If any recipient of an administrative penalty fails to pay said fine within the time set forth to do so, then the Code Official shall so notify the Director of Finance. In addition to the administrative penalty, an interest rate equal to the current rate of interest charged by the City on special assessments shall be imposed for the life of the administrative penalty, added to the administrative penalty, and collected as provided in this section. The Director of Finance may certify the administrative penalty to the County Auditor to enter said amount on the tax duplicate of the County as a special assessment against the person’s real estate at issue, or pursue legal action to collect the fine, interest and costs of collection.
(c) Money collected under subsections (a) and (b) hereof shall be used exclusively for the enforcement of this Code.
(d) Appeals.
(1) Notice of appeal. Any recipient of a notice or order issued by the Administrator or designee in connection with the enforcement of this Code may request a hearing on the matter before the Property Maintenance Appeals Board. The Appellant shall file, in the Office of Administration, a written request for a hearing setting forth the address of the property which was the subject of the notice and order, the name, address and telephone number of the Appellant and a brief statement of the ground for the appeal. Requests shall be filed within fifteen days after the day the notice or order is mailed, delivered or posted and shall be accompanied by a deposit of $15.00 which shall be non-refundable or an affidavit of indigence. Upon receipt of the request, the Property Maintenance Appeals Board will set a time and place for the hearing. Written notice shall be sent by ordinary U.S. Mail at least five days prior to the hearing. At the hearing, the Appellant shall be given an opportunity to be heard and to show cause why the notice or order should be modified or dismissed, or why a variance should be granted. The failure of the Appellant or its representative to appear and present its position at the hearing shall be grounds for dismissal of the appeal.
(2) Variances. The Property Maintenance Appeals Board shall interpret the intent of this Code in specific cases where, on appeal, it clearly appears that, by reason of special conditions, undue hardship would result from a literal application of any section of this Code. Where undue hardship is clearly demonstrated, the Board may permit a variance from the applicable section if the dwelling will vary only slightly from the literal provisions of this Code, but will comply with the spirit and intent of this Code.
(3) Decisions. After a hearing on the request, the Property Maintenance Appeals Board may affirm, disaffirm, modify or dismiss the notice or order, or grant a variance from the notice or order, by a majority vote of the Board members who are present. The Appellant shall be notified in writing of the findings.
(e) Records. The decisions of the Property Maintenance Appeals Board shall set forth in writing. The written decisions shall be entered as a matter of public record in the office of the Administrator. Any person aggrieved by the decision of the Property Maintenance Appeals Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of the State of Ohio. (Ord. 2015-1107. Passed 4-22-15.)