(A) A violation of any provision of Chapters 90, 92 and/or 94 is an administrative offense subject to a citation and civil penalties pursuant to this subchapter. Each day a violation exists constitutes a separate offense.
(B) Each count of an administrative violation is subject to a civil penalty not to exceed the maximum fine that may be imposed for the same violation if it were prosecuted as a misdemeanor offense, abatement, or both unless otherwise provided.
(1) The civil penalty for a particular count shall be established as provided in division (D);
(2) If a violator remedies a count of a violation and demonstrates that fact prior to the compliance date, the civil penalty for that count is waived.
(C) A second or subsequent citation issued within 180 days of any same or similar citation is subject to a civil penalty of at least twice the previously imposed penalty but within the limits of any fine that could be imposed if the violation were prosecuted as a misdemeanor offense. If the violator remedies the violation prior to the compliance date, the full civil penalty for that particular citation will be waived; civil penalties for previous citations will not be waived.
(D) The City Council may adopt by resolution a schedule of recommended fines for offenses initiated by citation, and may designate those offenses for which a fine must be paid even if the violation is remedied. The resolution may also identify violations for which a fine only may be imposed for a first offense occurring within a specified time period, not to exceed three years. The resolution may also specify a filing fee to appeal to the Board. If no resolution is adopted, the following fees shall apply:
(1) First administrative citation: $100. If the violation is remedied by the compliance date, the fee will be nullified.
(2) Second administrative citation: $200 and/or abatement of nuisance;
(3) Third administrative citation: $400 and/or abatement of nuisance;
(4) Fourth administrative citation: $800 and/or abatement of nuisance;
(5) Fifth administrative citation: $1,000 and/or abatement of nuisance; and
(6) Appeal filing fee: $5.
(E) The City Clerk is authorized to promulgate rules and forms to affect the procedures herein.
(Ord. passed 4-5-21)