§ 93.99 PENALTY.
   (A)   Any person who shall, within the corporate limits of the city, commit, cause, create, permit, keep or otherwise maintain a nuisance shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding $200; provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. Whenever it shall appear to the court trying the cause that the nuisance continues at the time of conviction, the court shall order and adjudge the removal, abatement or destruction of the nuisance, as the case may require, and shall issue a separate warrant therefor. The court shall inquire into the probable costs of such removal, abatement or destruction and shall tax the costs thereof against the defendant as costs in the case.
   (B)   Any owner or occupant of real property located within the corporate limits of the city, who violates the provisions of §§ 93.07 or 93.09 shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the city, shall be punished by a fine not to exceed $200. It shall not be a defense to prosecution under this section that the city, performed the work necessary to correct the noted deficiencies and violations, or that the city, caused such work to be performed, as is provided for in § 93.09. Each day that a violation of the provisions of §§ 93.07 or 93.09 exists shall constitute a separate offense. It shall be a defense to a violation of these sections that the person alleged to have committed a misdemeanor is neither the owner nor the occupant in charge of the property upon which the alleged violations exist.
(Ord. 12-062, passed 7-19-2012)