(a) Whenever the City Planner or designee determines that there is a violation of any provision of this Zoning Ordinance, a written Notice of Violation shall be issued to the Responsible Party as defined in Chapter 1161
. Such notice shall:
(1) Be in writing.
(2) Identify the violation.
(3) Include a statement of the reason or reasons why it is being issued and refer to the sections of this Zoning Ordinance being violated.
(4) Include a statement that the violation shall be corrected within thirty (30) days of the Date of Service of the Notice of Violation (which shall be referred to as the Violation Remedy Date). Failure to correct the violation prior to the Violation Remedy Date shall be cause for a citation to be issued by the City Planner or designee in accordance with Section 1155.09
(c).
(5) The Date and Method of Service for the Notice of Violation shall be one of the following:
A. The date the Notice of Violation is personally delivered to the Responsible Party; or
B. The date the Notice of Violation is sent by certified mail in the US Post Office to the both the property owner address as listed on the Fairfield County Auditor's Tax List and the address for the property; or
C. The date the Notice of Violation is posted in a conspicuous place on the property in violation.
Service of this notice shall be deemed complete on the date the City Planner or designee certifies that the Notice of Violation was delivered via one of the above methods.
(b) Re-Inspection and Citation Notification. Within three (3) business days after the Violation Remedy Date, the City Planner or designee shall re-inspect the property in question. If, upon re-inspection following the issuance of a notice of violation, the condition has not been corrected by the Responsible Party a Citation shall be issued in accordance with Section 1155.09
(c). Such Citation Notification shall:
(2) Be in writing.
(3) Identify the violation. State the amount of the penalty being assessed in accordance with Section 1155.09
(c).
(4) Shall direct the Responsible Party to remedy the violations within seven (7) days of the date of the Citation Notification and failure to do so will result in additional citations in escalating amounts specified in Section 1155.09
(c). The Citation Notification shall also inform the Responsible Party that a civil complaint or criminal summons may be filed if the code violation is not remedied in accordance with the Lancaster Codified Ordinances.
(c) Citations for Violation. The following citations shall apply to violations:
The first citation for a violation shall constitute a minor misdemeanor and the penalty shall be one hundred fifty dollars ($150.00).
The second citation for a violation shall constitute a fourth-degree misdemeanor and the penalty shall be two hundred fifty dollars ($250.00).
The third citation for a violation shall constitute a third-degree misdemeanor and the penalty shall be five hundred dollars ($500.00).
The fourth citation for a violation shall constitute a second-degree misdemeanor and the penalty shall be seven hundred fifty dollars ($750.00).
Each additional citation shall constitute a first-degree misdemeanor and the penalty shall be one thousand dollars ($1,000.00).
There shall be a minimum of seven (7) days between the dates of each citation for the same violation. The City Planner or designee shall be required to re-inspect the property and document the continued violation prior to issuing additional citations for the same violation. Each additional Notice of Violation shall follow the requirements of Section 1155.09
(a).
All unpaid citations shall be cumulative and shall subject the violator to a possible civil penalty to be recovered in a civil action in the nature of the debt.
Nothing in this Zoning Ordinance shall be deemed to abolish, impair or prevent other additional remedies as provided by law, including but not limited to civil procedures. In the event of a violation of any provision or requirement of this Zoning Ordinance, or in the case of an imminent threat of such a violation, the City Planner or designee, the Law Director, or the owner of any neighboring property who would be especially damaged by such violation, may, in addition to other recourses provided by law, institute mandamus, injunction, abatement, or other appropriate actions to prevent, remove, abate, enjoin, or terminate such violation.
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Flowchart is for general guidance only - Code language in this document controls.
(Ord. 15-23. Passed 8-14-23.)