§ 91.999  PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
   (B)   (1)   A person who commits, permits, assists in, or attempts a violation of any provision of §§ 91.030 through 91.038, shall be subject to a civil penalty in the amount of not less than $100 for the first violation, $500 for the second violation, and $1,000 for each subsequent violation occurring in a two-year period starting from the issuance of the first notice of violation.
      (2)   Each day during which any provision of §§ 91.030 through 91.038 is violated constitutes a separate offense.
(Prior Code, § 5.259)
   (C)   Any person violating § 91.015 is subject to a civil penalty in the amount of not less than $100 and not more than $250.
(Prior Code, § 5.660)
   (D)   (1)   Any person who violates § 91.067 commits a non-criminal offense punishable by a fine of not less than $250 and not more than $1,000. Every combination of nuisance activities constituting a chronic nuisance property is a separately punishable offense.
      (2)   An action to impose a penalty for violation of § 91.067 may be brought on behalf of the city by the City Attorney. The action shall be brought in any court of competent jurisdiction.
      (3)   In determining the appropriate amount of any fine under this division (D), and in addition to any other factor the court deems relevant to consider, the court shall consider the following:
         (a)   The nature and location of the chronic nuisance;
         (b)   The frequency of the conduct constituting or principally contributing to the chronic nuisance;
         (c)   The effect of the chronic nuisance upon the enjoyment of life, health, and properties of members of the community;
         (d)   The efforts of any person in charge of properties to prevent, mitigate, or eliminate the chronic nuisance;
         (e)   The actual results of any actions taken by any person in charge of properties to prevent, mitigate, or eliminate the chronic nuisance; and
         (f)   The cost to the city of investigating and correcting or attempting to correct the chronic nuisance, including bringing an enforcement proceeding.
(Prior Code, § 5.915)
   (E)   (1)    In addition to any abatement ordered, the Municipal Court may impose civil penalties on the person-in-charge and/or owner violating nuisance code provisions §§ 91.001 through 91.014 consistent with the following schedule:
         (a)   For first time violation of code provisions, in amounts of not less than $100 and not more than $250 per day for each violation;
         (b)   For second violation of the same code provision, not less than $500 per day; and
         (c)   $1,000 maximum for a third and subsequent violation of the same code provision within any two-year period from the date of issuance of the first violation.
      (2)   The person-in-charge and/or owner are jointly and severally liable for any costs, charges, fees, and penalties incurred or imposed by the city under the terms of §§ 91.001 through 91.014, and the city may seek to recover said costs, charges, fees, and penalties by an action at law in a court of competent jurisdiction.
(Prior Code, § 5.305)
(Ord. 1999-13, passed 10-22-1999; Ord. 2014-08, passed 8-11-2014; Ord. 2016-13, passed 7-11-2016; Ord. 2020-01, passed 1-27-2020)