§ 92.99  PENALTY.
   (A)   Violations of this chapter and other provisions as set out in other specified chapters of this code shall be subject to the following schedule of civil fines which shall be in addition to any remedy or abatement costs, filing costs and other costs incurred by the city.
      (1)   If a citation for a violation of this chapter is not contested by the person charged with the violation, the maximum penalties below shall apply. A second offense is an offense that occurs within five years of the determination by the Code Enforcement and Nuisance Board of a prior offense. All others are those that occur within five years of the determination by the Code Enforcement and Nuisance Board of two or more prior offenses.
 
Violation
1st Offense
2nd Offense
All Others
Animals
$25
$50
$100
Building and property maintenance (non-vegetation)
$100
$150
$250
Noise
$50
$100
$150
Grass, vegetation and weeds
$50
$75
$100
House numbers
$50
$100
$150
Violation of rental dwelling licensing
$250
$500
$750
Chapter 92 violations not specifically listed
$100
$150
$250
Chapter 152 violations not specifically listed
$100
$150
$250
Violation of ordinance designated as civil offense with no specific fine listed
$100
$150
$250
 
      (2)   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:
 
Violation
1st Offense
2nd Offense
All Others
Animals
$50
$100
$200
Building and property maintenance (non-vegetation)
$200
$300
$500
Noise
$100
$200
$300
Grass, vegetation and weeds
$100
$150
$200
House numbers
$100
$200
$300
Violation of rental dwelling licensing
$500
$1,000
$1,500
Chapter 92 violations not specifically listed
$200
$300
$500
Chapter 152 violations not specifically listed
$200
$300
$500
Violation of ordinance designated as civil offense with no specific fine listed
$200
$300
$500
 
   (B)   As an additional alternative remedy to the above-listed civil penalty, any violator who violates any provision of the city nuisance code and has been previously issued two or more citations of violations of the nuisance code relating to the same property within a 12-month period may be assessed an additional civil penalty in the amount of $500 per citation, and such additional civil penalty may be recovered by the city in a civil action in the nature of debt if the violator does not pay the penalty within a prescribed period of time after he or she has been cited for violation of the nuisance code.
   (C)   (1)   Any person who violates § 92.10(B) of this code, and does not contest the citation, shall be subject to a civil fine of:
         (a)   Two hundred fifty dollars per violation for a Level 1 criminal activity nuisance as defined by § 92.10(B) of this chapter;
         (b)   Five hundred dollars per violation for a Level 2 criminal activity nuisance as defined by § 92.10(B) of this chapter; and
         (c)   One thousand dollars per violation for each Level 3 criminal activity nuisance as defined by § 92.10(B) of this chapter.
      (2)   Any person who violates § 92.10(B) of this code, contests the citation, and a hearing before the Board is required, the following maximum penalties may be imposed at the discretion of the Board:
         (a)   Five hundred dollars per violation for a Level 1 criminal activity nuisance as defined by § 92.10(B) of this chapter;
         (b)   One thousand dollars per violation for a Level 2 criminal activity nuisance as defined by § 92.10(B) of this chapter; and
         (c)   Two thousand dollars per violation for each level a criminal activity nuisance as defined by § 92.10(B) of this chapter.
   (D)   The city shall possess a lien on property for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this chapter and placing of a lien on a parcel of real property pursuant to this chapter. The lien shall be superior to and have priority over all other liens, except state, county, school board and city taxes, if all legal requirements are satisfied.
   (E)   Any person(s) who violates §§ 92.07(C)(2) or 92.08 of this chapter shall be deemed guilty of a Class B misdemeanor.
   (F)   A person found to have committed a violation of this code shall be personally responsible for the amount of the lien, including all civil fines assessed for the violation and for all charges, fees and abatement costs incurred by the city in connection with the enforcement of the chapter. The city may bring a civil action against the person and shall have the same remedies as provided for the recovery of a debt.
(1984 Code, § 92.99)  (Ord. O-13-03, passed 4-1-2003; Ord. O-24-06, passed 5-9-2006; Ord. O-3-09, passed 1-20-2009; Ord. O-49-12, passed 12-4-2012; Ord. O-30-15, passed 8-18-2015; Ord. O-32-16, passed 11-15-2016; Ord. O-15-20, passed 8-11-2020)