(A) Definitions. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
REPEAT OFFENDER. A person, whether owner or tenant, in lawful control of real property within the city’s jurisdiction on which two or more violations of any city codes other than criminal have occurred during any 365-day period, as a result of two separate unresolved events where notification has been sent to such individual by the Code Enforcement Officer.
(B) Designation. A person shall be classified as a repeat offender only by the recommendation of the Code Enforcement Officer and approval by the City Manager. If a person has failed to resolve more than two citations in a 12-month period, the Code Enforcement Officer may seek repeat offender status for that person. The City Manager shall review the request and grant or deny the status in writing within 14 days. The Code Enforcement Officer shall notify any person classified as a repeat offender in writing with no less than 14 days’ notice to that person. That person may appeal the repeat offender designation to the Board of Adjustment. The repeat offender designation shall be determined at the sole discretion of the Code Enforcement Officer with the City Manager’s approval. Any such approval will establish a period of time a person will remain in repeat offender status or no less than 12 months, but no longer than 24 months. A person will remain as a repeat offender for the appointed amount of time and until all outstanding fines/fees are paid. Citations used as justification for deeming a person a repeat offender cannot be used as justification for future recommendations of repeat offender status.
(C) Enforcement.
(1) In addition to all of the procedures set forth in the City of Greenville Code as revised from time to time, enforcement action shall be enhanced against designated repeat offenders. No personal contact or notices of violation shall be required of the Code Enforcement Officer in advance of a citation and the Code Enforcement Officer may issue citations to designated repeat offenders immediately upon confirmation of a code violation. Repeat offenders should be issued a citation in writing for all offenses after receiving the repeat offender designation. Any citation given to a repeat offender shall have five business days, or other time frame by agreement in writing with the Code Enforcement Officer, to correct the deficiencies cited. If the deficiencies have not been corrected in the specified time, a notice of fine shall be issued in writing to the offender.
(2) If the offense is not resolved within seven days, the city may act to immediately remedy the offense using city personnel or contracted labor. Any expense related to this action may be filed as a lien on the property.
(3) The Code Enforcement Officer may also institute a program of regular inspections involving properties of repeat offenders without the necessity of complaints. The names of designated repeat offenders may be made public by use of the city’s website or other appropriate means.
(4) The City of Greenville Code is amended to provide that this chapter shall be enforced by any Code Official or Code Enforcement Officer designated by the City Manager.
(D) Penalties. If a designated repeat offender is cited for a violation of the provisions of the Property Maintenance Code, amendments to Property Maintenance Code and/or nuisances set out in the City of Greenville Code and the citation is not contested, a fine of $250 minimum and $750 maximum shall apply; however, the City Manager may waive any or all of the fine for an uncontested violation, if in his or her discretion, the City Manager determines that such waiver will promote compliance with this section. If the designated repeat offender contests the citation and/or fine, the offender may file an appeal for a hearing before the Board of Adjustment. The Board of Adjustment may also classify all such civil fines as daily fines until the violation is remedied. The Board of Adjustment findings that assess the civil fines and remedy charges against repeat offenders shall also authorize the city to file civil actions in the appropriate Bond County court against the repeat offender to collect the civil fines and remedy charges, including foreclosure actions if deemed appropriate by the city.
(Ord. 3232, passed 11-10-2020)