(a) Any person who violates a provision of this Code shall, upon conviction thereof, be subject to the following penalties:
(1) For a first conviction, a misdemeanor of the fourth degree, and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both.
(2) For a second conviction, a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both.
(3) For a third conviction, a misdemeanor of the second degree, and shall be fined not more than seven hundred fifty dollars ($750.00) or imprisoned not more than ninety days, or both.
(4) For a fourth or subsequent conviction, a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000.00) or imprisoned not more than six months, or both.
(b) A separate offense shall be deemed committed each day during or on which a violation occurs or continues after due notice has been served.
(1) Any person who violates a provision of this Code shall be required to pay a Civil Penalty in the amount of Three Hundred Fifty dollars ($350.00), except as provided as follows;
A. If that person complies with the correction order within the time specified in the order, the Civil Penalty shall be reduced to Fifty dollars ($50.00); and,
B. In cases involving violations of this Code, the Code Enforcement Department or Safety Service Director shall have the discretion to waive the reduced penalty if the person cited meets the following criteria:
C. The person cited for the violation is the owner occupant of the premises and has not previously received a citation for a violation of this Code at the location subject to the citation; and,
D. The nature, extent, and duration of the violation did not create a significant risk to the public health, safety, or welfare.
(c) When a person is found in violation of a provision of this Code and fails to comply with the correction order within the time specified, a re-inspection fee shall be charged for every inspection thereafter. Re-inspection of the premises shall be conducted until such time that the property is brought in compliance with Chapter 1365 of the Codified Ordinances of the City Delphos, Ohio. Whenever re-inspection of the premises is conducted by the City and such costs of re-inspection has not been included within the administrative costs, the additional cost of re-inspection shall be assessed in the amount provided in this chapter.
(d) In the event the person fails to pay a Civil Penalty, Re-inspection or Administrative Fee or costs incurred by City for cleanup, repair and/or abatement of the premises within thirty (30) days after being notified in writing, by regular U.S. mail, or posting on premises, of the amount thereof by the code official, may be collected using one or more of the following methods, provided however that the expenses may only be collected once:
(1) Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or
(2) The Director of Law is authorized to bring suit and take other necessary legal action to collect such expenses.
(e) The remedies provided in this Section shall be in addition to any other remedy allowed by law.
(Ord. 2019-5. Passed 2-25-19.)
CODIFIED ORDINANCES OF DELPHOS