(a) If the owner and/or occupant of a structure subject to abatement of a nuisance under § 1436.01 fails to comply with the notices and/or orders issued by the Chief Building Official in accordance with the IPMC, the City may pursue any of the following remedies, except as limited in subsection (b) below:
(1) Prosecute the owner in accordance with the IPMC;
(2) Impose a civil penalty in accordance with Chapter 214 of the Codified Ordinances;
(3) Enter the premises and take remedial steps to abate the violation. If the abatement requires repair, closures, placarding or other temporary safeguards, the City shall charge the owner and/or occupant of the structure, who failed to comply with the notices and/or orders issued in accordance with this section, an amount equal to two and one-half times the actual costs of abating the nuisance. If the abatement results in demolition of a structure or structures, the charge shall be equal to one and one-quarter times the cost of demolition. The City may either:
A. Seek and recover judgment against the owner for the costs of the action necessary to abate the nuisance; or
B. Certify the cost of said abatement, including cost of service or publication of notice, by the Clerk of City Council to the County Auditor to be placed on the tax duplicate as a lien upon the premises, to be collected as other taxes and returned to the City, as provided in Ohio R.C. 715.261.
(b) The remedies provided in this section are cumulative except where specifically stated otherwise, and are not intended to preclude or waive other remedial actions available to the City under the IPMC, as adopted in § 1436.01, local ordinances, State law, or the common law. The imposition of a civil penalty for a specific violation under this section in accordance with Chapter 214 of the Codified Ordinances precludes prosecution for that specific violation, but does not preclude subsequent violations of a similar nature from being prosecuted as a criminal offense. A separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues.
(Ord. 2000-86, passed 6-20-2000; Am. Ord. O2005-107, passed 11-1-2005; Am. Ord. O2012-21, passed 6-19-2012; Am. Ord. O2019-35, passed 6-4-2019)