§ 150.99 PENALTY.
   (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.
   (E)   Violations of any provision in §§ 150.80 through 150.88 shall be subject to the following schedule of civil fines:
      (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.
      (4)   Each section of §§ 150.80 through 150.88 violated shall be considered a separate, finable offense. If two (2) or more sections of §§ 150.80 through 150.88 or other provisions of the city code of ordinances are violated, then the fines for these violations shall be cumulative.
      (5)   The Dayton Code Enforcement Board is hereby authorized to determine within its by-laws and rules of procedure the civil fines to be imposed under §§ 150.80 through 150.88 for cases that come before the Board.
      (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)