(A) (1) Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city, where no other offense is designated, shall be deemed guilty of a misdemeanor. Except in cases where a different punishment is prescribed by any ordinance of the city, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $50 or by imprisonment not to exceed ten days, or by both such fine and imprisonment.
(2) Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she is punishable accordingly.
(1993 Code, § 1.12.010)
(B) (1) Ordinances fine schedule. Violations of ordinances that are enforced by the City Code Enforcement Board shall be subject to the following schedule of civil fines.
(a) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the maximum penalties below shall apply; however, the Board may waive any or all of a penalty for an uncontested violation if, in its discretion, the Board determines that such waiver will promote compliance with the ordinance in issue. The penalties listed below are for each day a violation continues beginning on the eighth day after the date the citation was issued. A second offense is an offense that occurs within five years of the determination by the Code Enforcement Board of a prior offense. All others are those that occur within five years of the determination by the Code Enforcement Board of two or more prior offenses.
Ordinance Violation | First Offense | Second Offense | All Others |
Ord. 02-14-10(B) (International Property Maintenance Code) | $50 | $100 | $150 |
Ord. 02-14-10(C) (Nuisances) | $50 | $100 | $150 |
Ord. 02-14-10(D) (Outdoor burning) | $50 | $100 | $150 |
Ord. 02-14-10(E) (Mobile homes) | $50 | $100 | $150 |
(b) If the citation is contested and a hearing before the Board is required, the following maximum penalties may be imposed at the discretion of the Board:
Ordinance Violation | First Offense | Second Offense | All Others |
Ord. 02-14-10(B) (International Property Maintenance Code) | $100 | $200 | $300 |
Ord. 02-14-10(C) (Nuisances) | $100 | $200 | $300 |
Ord. 02-14-10(D) (Outdoor burning) | $100 | $200 | $300 |
Ord. 02-14-10(E) (Mobile homes) | $100 | $200 | $300 |
(2) Lien; fines; charges; and fees.
(a) The city shall possess a lien on property owned by the person found by a final, non- appealable order of the Board, or by a final judgment of the court, to have committed a violation of a city ordinance for all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance.
(b) The lien shall be recorded in the office of the County Clerk and shall be notice to all persons from the time of its recording and shall bear interest until paid.
(c) The lien shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceedings.
(d) In addition to the remedy prescribed above, the person found to have committed the violation shall be personally responsible for the amount of all fines assessed for the violation and for all charges and fees incurred by the city in connection with the enforcement of the ordinance. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(Ord. 92-06-04(B), passed - -; Ord. 02-14-10(A), passed 11-11-2002)