(A) Any person who violates any of the provisions of this chapter, with the exception of § 151.020, shall:
(1) For the first offense within a five-year period, be fined not less than $100 nor more than $200 and may be imprisoned in the county jail for not less than one day.
(2) For the second offense within a five-year period, be fined not less than $200 nor more than $300 and may be imprisoned in the county jail for not less than one day nor more than five days, or both fine and imprisonment.
(3) For a third offense within a five-year period, be fined not less than $300 dollars nor more than $400 and may be imprisoned in the county jail for not less than one day nor more than five days, or both fine and imprisonment and may, in addition to fine and imprisonment, be sentenced to community labor for not less than eight hours nor more than 40 hours.
(4) For a fourth or subsequent offense within a five-year period, be fined not less than $400 nor more than $500 and shall be imprisoned in the county jail for not less than five days nor more than 12 months, and in addition to fine and imprisonment, may be sentenced to community labor for not less than 40 hours.
(B) Any person who is found guilty of violating any provision of this chapter shall be responsible for any costs incurred by the city to correct the damage caused by the actor’s conduct or failure to act. Failure to reimburse the city within 15 days of repair or correction upon notice of the same may result in a lien against the property of the actor and may also result in damages.
(C) Any person found guilty of violating any provision of this chapter shall be liable for civil penalties in an amount equal to the court-imposed fine.
(D) Penalties and demolishment and removal.
(1) Any person who violates any of the provisions of § 151.020 shall, for a first or subsequent offense within a five-year period, be fined not less than $400 nor more than $500 and shall be imprisoned in the county jail for not less than five days nor more than 12 months, and in addition to fine and imprisonment, may be sentenced to community labor for not less than 40 hours.
(2) If the person is found guilty under this section, the Henry District Court shall, upon motion of the County Attorney and upon written request of the City Attorney acting at the behest of the Mayor of the city, state the findings of fact in support of the determination of guilt and shall enter an order requiring the owner, within a time specified by the Court not to exceed 30 days, to repair, alter, correct or improve the structure or real estate to render it in complete conformity with this chapter or, at the option of the owner, to vacate, demolish, and remove the structure.
(3) If the owner fails to comply with the Court’s order in division (D)(2) above, the Court shall enter an order requiring the owner to vacate the premises, which shall be enforced by the Sheriff within 48 hours; and, further order that a placard with the words CLOSED: THIS BUILDING IS UNFIT FOR HUMAN HABITATION, OCCUPANCY OR USE; HUMAN HABITATION, OCCUPANCY, USE OR TRESPASS IS PROHIBITED AND UNLAWFUL be placed thereupon by the Eminence Police Department; and, approve the demolishment and removal of the structure and debris left from the structure.
(4) The city may then act at its convenience to demolish and remove the debris left from the structure or cause at its convenience the structure to be demolished and the debris left from the structure to be removed.
(5) Any cost associated with the demolishment or removal of the structure and or removal of debris left from the structure shall be a lien upon the real property upon which cost was incurred.
(Ord. 2009-005, passed 7-13-09)