If no action is taken within the time period allowed for correction of the violation of this Code, the Development Code Administrator may in their sole discretion pursue compliance with this Code through any or all of the remedies provided in this section. The use of any remedy herein does not constitute a waiver of any other remedy, except as specifically provided herein.
(a) Civil enforcement. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained, or used or any land is or is proposed to be used in violation of this code, or any amendment or supplement thereto, City Council, the Law Director, the Development Code Administrator, City Engineer, or any adjacent or neighboring property owner who would be especially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance, or use.
(b) Civil penalty.
(1) The Development Code Administrator may, as an alternative to criminal prosecution, cite a person who violates any provision of this code or fails to obey any lawful order of the Development Code Administrator issued in pursuit of conformity to this code, for a civil offense and collect a civil penalty in the amount of one hundred and fifty dollars ($150.00) for the first citation and two hundred and fifty dollars ($250.00) for all subsequent citations within a three year period. A person may not be cited for a civil penalty if that person is charged with a misdemeanor under division (c) hereof for the same offense.
(2) The Development Code Administrator, or their designee, shall issue the citation in accordance with Chapter 214 of the Middletown Codified Ordinances, and the citation shall be processed in accordance with the requirements of that chapter.
(c) Criminal enforcement. Whoever violates any provision of this code or fails to conform to any provision thereof or fails to obey any lawful order of the Development Code Administrator issued in pursuance thereof, is guilty of a misdemeanor of the third degree on the first offense and guilty of a misdemeanor of the second degree on the second and subsequent offense. Each day's continuation of a violation or failure to comply is a separate offense.
(d) Abatement. The Development Code Administrator may notify the person in violation of this code of the City's intent to correct the violation and bill the person in violation an amount equal to two and one-half times the actual cost incurred by the City to correct the violation. This notice of abatement shall accompany the order issued under § 1228.06(b). The notice of abatement shall further notify the person in violation that the Development Code Administrator's, or their designee's, decision and/or order may be appealed to the Board of Zoning Appeals in accordance with § 1226.13.
(e) Other enforcement actions. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation, including, but not limited to, the revocation of any permit or certificate, if the terms or conditions of such permit or certification are not met.
(f) Multiple violations. Each day that any violation continues (for each citation) after notification by the Development Code Administrator, or their designee, that such violation exists may be considered at the discretion of the City to be a separate offense for purposes of the penalties and remedies specified in this chapter.
(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-48, passed 9-3-2019)