(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any person, firm or corporation violating any provisions of §§ 91.01 through 91.11 shall be subject to an administrative penalty, and in addition, the violation shall constitute a petty misdemeanor. Every day that the offense occurs shall be deemed a separate violation of §§ 91.01 through 91.11. A second offense occurring within 12 months after a conviction of a violation of §§ 91.01 through 91.11 shall constitute a misdemeanor.
(C) Failure by an owner or an occupant of property to comply with the notice served upon the owner or occupant as provided by §§ 91.25 through 91.28 within the time allowed therein shall constitute a violation of §§ 91.25 through 91.28, and shall be subject to an administrative penalty, and in addition, shall constitute a petty misdemeanor. A second offense occurring within 12 months after a conviction of a violation of §§ 91.25 through 91.28 shall constitute a misdemeanor.
(1) Generally. A violation of a city ordinance which constitutes an administrative offense shall be subject to the administrative penalties set forth in divisions (B) and (C) above. A first offense shall be subject to an administrative penalty in the amount of $100. A second offense within a 12-month time period shall be subject to an administrative penalty in the amount of $250. Any further violations within a 12-month time period shall be subject to $500 administrative penalties.
(2) Administrative remedy. Should the owner or occupant not comply with the requirements set forth in the notice and abate the violation, the city may enter onto the property to cure the violation, in accordance with § 10.20 of this code of ordinances, at the expense of the property owner, and if not paid, the cost for the work shall be certified to the real estate as a special assessment.
(3) Payment of administrative penalty. In the event of a violation of an ordinance and failure to cure in timely fashion, the city may issue a notice which establishes an administrative penalty as provided herein. Once notice is given, the alleged violator shall, within seven days of the issuance of the notice, pay the amount set forth in the notice, or may request a hearing in writing, as is provided for hereafter. If a hearing is not requested or the administrative fine is not paid within the seven-day time period, the city may assess the cost of abatement and the amount of the administrative fine as a special assessment against the property, and may also prosecute the violation as a criminal offense.
(4) Hearing. Any person contesting an administrative offense pursuant to this division (D) may, within seven days of the time of issuance of the notice, request a hearing before the City Council. The City Council shall have authority to dismiss the violation, or reduce or waive the penalty, or sustain the violation. If the violation is sustained, the violator shall pay the penalty within seven days.
(Ord. 115, passed 9-23-1991; Ord. 106, passed 11-9-1998; Ord. 180, passed 5-8-2007; Ord. 207, passed 7-28-2014)