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(A) Whenever any inspector determines that any premises or rental dwelling unit in a rental dwelling fails to meet the requirements set forth in this subchapter, he or she shall issue a notice setting forth the alleged violations and advise the owner that such violation must be corrected (“notice”). This notice shall:
(1) Be in writing;
(2) Set forth the alleged violations of this subchapter;
(3) Describe the rental dwelling or rental dwelling unit where the violations are alleged to exist or to have been committed;
(4) Provide a reasonable time, generally not to exceed thirty (30) days, to make corrections to the alleged violations;
(5) Notify the owner or operator of the rental dwelling or rental dwelling unit responsible for compliance with the alleged violation(s) by regular U.S. mail;
(6) State that the violation must be corrected within thirty (30) days and describe the procedure and time limit to apply for a reconsideration or formal hearing. An extension of this deadline may be given upon good cause at the discretion of the inspector.
(B) At the end of the period of time allowed for compliance, the inspector shall reinspect the premises or dwelling unit described in the notice.
(Ord. 2022-20, passed 9-6-22)
Whenever an owner of any rental dwelling unit fails, neglects, or refuses to make repairs or other corrective action cited in a notice, the inspector may either apply to the court for appointment of a receiver, or take other appropriate action permitted by the Kentucky Revised Statutes, the Dayton code of ordinances, or orders issued by the Campbell County District and/or Circuit Courts to collect rents and make repairs, or proceed in accordance with city ordinances relating to demolishing dilapidated or dangerous buildings.
(Ord. 2022-20, passed 9-6-22)
(A) (1) Any person aggrieved by any notice or order of the inspector issued under this subchapter may file a petition setting forth his or her reasons for contesting the notice or order with the City of Dayton Code Enforcement Board (hereafter referred to as “Board”), within seven (7) business days after receipt of such notice or order from the inspector.
(2) Upon receipt of the petition, the Board shall set a hearing date and notify the petitioner of this date. At the hearing, the city shall prosecute the case before the Board and present sufficient evidence to allow the Board to find, by a preponderance of the evidence, that a violation has occurred.
(3) At the hearing, the petitioner shall be given an opportunity to show cause why the notice or order should be modified or withdrawn or why the period of time permitted for compliance should be extended.
(4) The Board may affirm, modify, or reverse the notice or order and may grant an extension of time for the performance of any act required where practical difficulty or undue hardship exists in connection with the performance of any act required by the notice or order and that such extension is in harmony with the general purpose of this subchapter to secure the public health, safety, and welfare, or the Board may fine the owner for noncompliance pursuant to the terms of this subchapter.
(B) In addition to the other remedies outlined in this subchapter, any rental inspection license issued by the city, with notice to the holder thereof and after a hearing, may be revoked or suspended by the Board for the following:
(1) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying any rental dwelling to make or cause any loud, unnecessary, or unusual noise or any noise which either annoys, disturbs, injures, or endangers the comfort, repose, health, peace, or safety, of others within the city limits;
(2) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying a rental dwelling to cause inconvenience, annoyance, or alarm or wantonly create a risk by engaging in fighting or in violent, tumultuous, or threatening behavior, or to cause a hazardous or physically offensive condition by any act that serves no legitimate purpose;
(3) If the owner continually and persistently allows a public nuisance on the premises or permits persons occupying any rental dwelling to emit or cause any foul, offensive, nauseous, noxious, or disagreeable odors that are extremely repulsive to the physical senses of reasonable persons, which annoy, cause discomfort, injury, or inconvenience to others within the city;
(4) If the owner fails to make corrections or repairs mandated by the inspector, which include, but are not limited to, work required to ensure the rental dwelling is safe and sanitary; or
(5) If the owner has failed to pay any city taxes, fees, or obligations.
(C) Final decisions of the Dayton Code Enforcement Board may be appealed to Campbell District Court.
(D) If an owner files an action for a writ of forcible detainer in the Campbell County District Court or for any action of ejectment in a court of competent jurisdiction for eviction of a tenant who is the cause of a nuisance, as described herein, then any proceeding before the Board shall be placed on hold pending a final determination by the court. If the court refuses to evict the offending tenant and the owner has made a good faith effort to abate the nuisance by eviction, then any pending proceeding before the Code Enforcement Board shall be dismissed. Dismissal shall not prevent the city, through the inspector, from implementing the provisions of this subchapter to abate future or continuing nuisances occurring in the rental dwelling.
(E) The inspector shall cooperate with an owner who is attempting to evict a tenant charged with creating a nuisance by furnishing documentary and/or oral evidence, if applicable, to the court to support the owner’s efforts to prove the existence of a nuisance.
(Ord. 2022-20, passed 9-6-22)
(A) Any person, firm, or corporation violating any of the provisions of §§ 150.30 through 150.32 or §§ 150.34 through 150.36 shall be guilty of a misdemeanor and shall be fined not less than ten dollars ($10.00) nor more than five hundred dollars ($500.00) plus costs of court, for each offense. Each day that a person, firm, or corporation violates these sections or any provision therein and each day that any prohibited condition is allowed to continue as a result of the work performed or failed to be performed by any person, firm, or corporation, shall constitute a distinct and separate offense.
(Ord. 950.5 passed 2- -80)
(B) Any person, firm, or corporation violating any of the provisions of §§ 150.51 through 150.54 shall, upon conviction, forfeit and pay a fine of not less than five dollars ($5.00) nor more than twenty-five dollars ($25.00) for every day thereafter so long as the violation exists, and a fine of not less than five dollars ($5.00) nor more than one hundred dollars ($100.00) for subsequent violation.
(Ord. 310.1, passed 10-15-57)
(C) (1) Any person, firm, or corporation violating any of the provisions of § 150.55 shall be guilty of a misdemeanor and shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each violation. If violation(s) consist in a dwelling or a rooming unit as these are defined in § 150.55(A), each unit shall be deemed and considered a separate violation.
(2) Waiver provision. The above penalty for noncompliance with § 150.55 shall be waived if the dwelling or dwelling unit is brought into compliance with § 150.55 within thirty (30) days after notice of the original violation. The Fire Chief shall make a reinspection of the dwelling unit to confirm compliance after thirty (30) days from the date of notice of the original violation. Failure of the property owner through act or omission to allow re-entry shall constitute prima facie evidence of continued violation.
(D) Any person found in violation of § 150.56 shall be guilty of a violation and shall be subject to a fine of not more than two hundred fifty dollars ($250.00). Each day of violation shall constitute a separate offense.
(1) If a notice of violation or citation issued under this subchapter is not contested by the person charged with the violation, the penalties set forth in this section and in accordance with the notice issued shall apply.
(2) Any person or legal entity that violates a provision of §§ 150.80 through 150.88 shall be subject to a civil fine of not less than fifty dollars ($50.00) per day, per violation, but not more than one hundred dollars ($100.00) per day, per violation for the first thirty (30) days the violation(s) remains uncorrected, and thereafter, a civil fine of not less than one hundred dollars ($100.00) per day, per violation, but not more than two hundred fifty dollars ($250.00) per day per violation, until the violation(s) are corrected. The city may also recover any costs it incurs in abating the violation(s), including attorney fees, court costs, and interest. Each day a violation continues after due notice has been served shall be deemed a separate offense, up to a maximum of five thousand dollars ($5,000.00) per violation.
(3) The city shall possess a lien on the property for all fines, penalties, charges, attorney’s fees, court costs, interest, and other reasonable costs associated with enforcing §§ 150.80 through 150.88 and placing of a lien on a parcel of real property. The lien shall be superior to and have priority over all other liens filed, except state, county, school board, and city taxes.
(6) Any person or legal entity that is delinquent in payment of the annual rental license fee of forty dollars ($40.00) per unit per year one (1) month after its due date shall subject to a lien in the amount of two hundred fifty dollars ($250.00) per rental unit.
(Ord. 1990-4, passed 4-3-90; Am. Ord. 1992-4, passed 3-3-92; Am. Ord. 2007-23, passed 12-4-07; Am. Ord. 2022-20, passed 9-6-22)