1905.99 PENALTY AND FINES.
(a) Election of Remedies. Unless otherwise provided by any specific Section of the Housing or Property Maintenance Codes, the Executive Director of External Services and/or his or her designee may pursue misdemeanor criminal charges pursuant to Section 1905.99(a)(1) or may issue a civil citation pursuant to Section 1905.99(a)(2) or both against any owner, occupant, operator or agent who violates the Housing or Property Maintenance Codes or any chapter therein or fails to obey any lawful order issued by the Executive Director of External Services to abate a nuisance.
(1) Criminal Penalty. Upon conviction, any owner, occupant, operator or agent who violates the Housing and Property Maintenance Codes or any chapter therein is guilty of a misdemeanor of the fourth degree on the first offense. For a second or subsequent offense within a two (2) year period after a conviction for a violation of the Housing and Property Maintenance Codes or any chapter therein, the violator is guilty of a misdemeanor of the third degree. Each day's continuation of a violation or failure to comply is a separate offense.
A. In addition to the penalties outlined in this Section 1905.99 (a)(1), a court may order any owner, occupant, operator or agent to correct the violation, if possible, and to make restitution for any property damage caused by the violation.
(2) Civil Citation. The Executive Director of External Services shall have authority to cite any owner, occupant, operator or agent who violates any provision of Housing and Property Maintenance Codes or any chapter therein or fails to obey any lawful order issued by the Executive Director of External Services to abate a nuisance and to impose a civil fine or assessment.
A. When the Executive Director of External Services issues a citation to any owner, occupant, operator or agent for a specific premise(s) the assessment shall be as follows:
1. For the first citation within a two (2)-year period, an assessment against the violator of two hundred fifty dollars ($250.00) shall be imposed;
2. For the second citation within a two (2)-year period, an assessment against the violator of five hundred dollars ($500.00) shall be imposed;
3. For the third citation within a two (2)-year period, an assessment against the violator of seven hundred fifty dollars ($750.00) shall be imposed;
4. For each citation after the third citation within a two (2)-year period, an assessment against the violator of one thousand dollars ($1,000.00) shall be imposed.
B. Any owner, occupant, operator or agent who pays the fine set forth in the citation are in no way absolved from resolving, removing, repairing, or otherwise abating the condition which resulted in the issuance of the citation. If such owner, occupant, operator or agent fails to resolve, remove, repair, or otherwise abate that condition, the Executive Director of External Services may continue to issue citations each day it determines that the condition continues to violate the provisions of this code. Citations issued for such continuing, unresolved violations of this code need not be preceded by additional Notices of Violation as the initial Notice of Violation shall suffice to notify any owner, occupant, operator or agent involved as to the nature of the violation charged. Further, the admission of guilt and payment of the fines set forth in the citation shall in no way preclude the Director of External Services from instituting, by and through its Director of Law or otherwise, appropriate action to enjoin, restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(b) Strict Liability. The provisions of this chapter are specifically intended to impose strict liability.
(Ord. 2022-4-26. Passed 4-13-22; Ord. 2022-12-112. Passed 12-7-22.)