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Violations of ordinances that are enforced by the city Code Enforcement Officer and Board shall be subject to the following schedule of civil fines:
(A) If a citation for a violation of an ordinance is not contested by the person charged with the violation, the penalties set forth in this subsection and in accordance with the citation issued shall apply.
(B) Any person, firm, or corporation who violates any provision of this code shall be subject to a civil fine of not less than $100 per day per violation but not more than $500 per day per violation, or the cost to the city to abate the violation, or both. Each date that a violation of this code continues after due notice has been served in accordance with the terms of this code shall be deemed a separate offense to a maximum of $10,000 per citation.
(C) As an additional alternative remedy to the above penalty, any violator who violates any provision of the city nuisance code and has been previously issued two or more citations of violations of the nuisance code relating to the same property within a 12-month period may be assessed additional civil penalties of $500 per day per violation to a maximum of $20,000 per citation.
(D) The city shall possess a lien on property for all fines, penalties, charges, attorney's fees, and other reasonable costs associated with enforcing this code and placing of a lien on a parcel of real property pursuant to this code. The lien shall be superior to and have priority over all other liens filed, except state, county, school board, and city taxes.
(E) Each section of a code or ordinance violated shall be considered a separate finable offense. If two or more sections of a code or ordinance are violated the fines shall be cumulative and be enforced under the same citation.
(F) The Code Enforcement Board is hereby authorized and directed to determine within the by-laws and rules of procedure a civil penalty schedule within the civil penalty ranges shown above.
(G) Any property owner or occupant whose structure is deemed to be condemned or be uninhabitable by the Code Enforcement Officer, but fails to vacate the structure within the time allowed by the Code Enforcement Officer or continues to inhabit the structure for any amount of time while it is condemned or is declared inhabitable, shall be deemed guilty of a Class A Misdemeanor, subject to up to 30 days in jail and/or a $500 fine.
(Ord. 1640-2012, passed 9-25-12; Am. Ord. 1694-2015, passed 3-10-15)