521.99 PENALTY.
   (a)    Except for violations of Sections 521.10 through 521.15 and of Section 521.17 of this chapter, each and every day during which a violator creates, permits or maintains a public nuisance shall be deemed a separate offense. The maximum fine that may be levied against any one violator for any series of violations that relate to the same subject matter shall be five hundred dollars ($500.00).
   (b)   Except for violations of Sections 521.10 through 521.15 and of Section 521.17 of this chapter, in addition to the penalties provided elsewhere in this chapter or in subsection (a) hereof, following conviction, and while the nuisance continues, the Chief of the Division of Building and Zoning Inspection shall cause written notice to abate such public nuisance to be served upon the person convicted, and the owner of the premises, if other than the person convicted. The notice shall state the nature of the public nuisance and the time, not less than fifteen days following service of the notice, within which the public nuisance shall be abated. If, by the time stated, the public nuisance has not been abated, the Chief of the Division of Building and Zoning Inspection shall cause it to be abated, shall certify the cost thereof to the Clerk, who shall demand payment for the cost from the person who created, permitted or maintained the public nuisance. Such demand shall be in writing and shall contain a notice that a lawsuit will be commenced to recover the cost of abating the nuisance within fifteen days from the date of the demand for payment. If such payment is not forthcoming, within fifteen days from the date of the demand for payment, the Clerk shall notify the Law Director to take all steps necessary, including commencing lawsuit, to recover the cost of abating the nuisance, from the person who created, permitted or maintained the public nuisance.
   (c)   Upon the receipt of a first report that a proprietor of a public place or place of employment has violated any provision of Sections 521.10 through 521.15 and of Section 521.17 of this chapter, the Licking County Board of Health shall issue a warning letter to that proprietor. Thereafter, the penalties contained in subsection (d) hereof shall apply.
   (d)   Whoever violates any provision of Sections 521.10 through 521.15 and of Section 521.17 of this chapter is guilty of a minor misdemeanor on the first offense; on a second offense, the person is guilty of a misdemeanor of the fourth degree; for a third or subsequent offense, the person is guilty of a misdemeanor of the third degree.
   (e)   Strict liability is intended for a violation of Sections 521.10 through 521.15 and of Section 521.17 of this chapter.
   (f)   All fines and costs collected as a result of enforcement of the provisions of Sections 521.10 through 521.15 and of Section 521.17 of this chapter, shall be paid directly to the enforcing agency to fund future enforcement and education.
(Ord. 72-2023. Passed 9-18-23.)