(A) A person convicted of a violation of division (A) of § 52.022 is guilty of a Class 1 misdemeanor, punishable by a fine of not less than $250 nor more than $2,500, and, in the discretion of the court, by imprisonment for a term of not more than six months. In no case shall a person convicted of a violation of § 52.022(A) be eligible for suspension or commutation of a sentence unless the person is placed on probation with the condition that the minimum mandatory fines be paid.
(B) (1) Any responsible party who commits, permits, facilitates or aids and abets any violation of this chapter, or who fails to perform any act or duty required by this chapter, is guilty of a Class 1 misdemeanor.
(2) Each day that any violation of this chapter, or the failure to perform any act or duty required by this chapter exists shall constitute a separate violation or offense.
(3) The owner of record of a property at which a violation of this chapter exists shall be presumed to be the person having lawful control over any such building, structure or parcel of land. If more than one person is determined to be an owner of the property, such persons shall be jointly and severally liable for the violation. Any presumption arising from this subsection shall be rebuttable.
(4) If a responsible party served with a notice of violation or citation by the municipality fails to correct the violation within the period specified, the municipality may correct or abate the condition as described in the notice and, in addition to any fine which may be imposed for a violation of any provision of this chapter, the responsible party shall be liable for all costs which may be assessed pursuant to this chapter for the correction or abatement of the condition.
(5) If in the opinion of the Director any condition which is in violation of this chapter constitutes an imminent health or safety hazard or a public nuisance, the Director may immediately abate the hazard without notice. The abatement of an imminent health or safety hazard or nuisance shall be limited to the minimum work necessary to remove or abate the hazard or the nuisance.
(Prior Code, Ch. 18, Art. IV, § 18-266) (Ord. 346-04, passed 6-21-2004; Ord. 604-13, passed 12-2-2013)