(A) The remedies herein are cumulative, and the City may proceed under one or more such remedies.
(B) (1) Any owner or responsible party, who causes, permits, facilitates, or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is subject to a civil sanction of not less than $100 or more than $2,500. Any owner or responsible party who commits a second violation of this chapter within 36 months of the commission of a prior violation of this chapter shall be subject to a civil sanction of not less than $250. Any owner or responsible party who commits a third violation of this chapter within 36 months of the commission of a violation of this chapter shall be subject to a civil sanction of not less than $500.
(2) The 36-month period provision of division (B)(1) of this section shall be calculated by the dates the violations were committed. The owner or responsible party shall receive the enhanced civil sanction upon a finding of responsibility for any violation of this chapter which was committed within 36 months of the commission of another violation for which the owner or responsible party was convicted or found responsible, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
(C) (1) Any owner, responsible party, or other person having control over a structure or parcel of land who causes, permits, facilitates, or aids or abets any violation of any provision of this chapter or who fails to perform any act or duty required by this chapter is guilty of a Class 1 misdemeanor.
(2) Any person convicted of a violation of this chapter shall be sentenced to a fine of not less than $100. Any person who is convicted of a second violation of this chapter committed within 36 months of a prior violation of this chapter shall be subject to a fine of not less than $250. Any person who is convicted of a third or subsequent violation of this chapter committed within 36 months of a prior violation of this chapter shall be subject to a fine of not less than $500.
(3) The 36-month period provision of division (C)(2) of this section shall be calculated by the dates the violations were committed. The owner or responsible party shall receive the enhanced fine upon a conviction of any violation of this chapter which was committed within 36 months of the commission of another violation for which the owner or responsible party was found responsible or convicted, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
(D) Each day any violation of any provision of this chapter or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation or offense.
(E) In addition to any other sanction or penalty authorized under divisions (B) and (C) of this section, the court may issue an order permitting the City to abate the condition giving rise to the violation. The reasonable costs of any such abatement shall be the responsibility of the person found responsible or guilty of the violation and may be collected as provided in § 90.09.
(Res. R22-12-30, passed 12-6-2022; Ord. O22-12-09, passed 12-6-2022)