106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
106.2 Notice of violation. The Code Official shall serve a notice of violation or order in accordance with § 153.16.
106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 153.16 shall be deemed guilty of a misdemeanor, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
106.4 Violation penalties. Any person, who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits as provided herein. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Whoever is convicted or pleads guilty to a Property Maintenance Code violation shall be guilty of a minor misdemeanor. However:
(a) Whoever is convicted or pleads guilty of a second offense not sooner than 20 days and not later than one year of the same section of the Property Maintenance Code shall be guilty of a misdemeanor of the fourth degree.
(b) Whoever is convicted or pleads guilty of a third offense not sooner than 20 days and not later than one year of the same section of the Property Maintenance Code shall be guilty of a misdemeanor of the third degree.
(c) Whoever is convicted or pleads guilty of a fourth offense not sooner than 20 days and not later than one year of the same section of the Property Maintenance Code shall be guilty of a misdemeanor of the second degree.
(d) Whoever is convicted or pleads guilty of a fifth offense not sooner than 20 days and not later than one year of the same section of the Property Maintenance Code shall be guilty of a misdemeanor of the first degree.
106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the City of Mt. Healthy from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
106.6 Notice of violation; time allotted for abatement.
(a) In addition to the penalties provided for the violation of this subchapter, the Code Official may cause written notice of the section violation of this subchapter to be served personally upon the owner, occupant or the person having charge of the property involved, by sending said notice to that person by certified or priority mail, or by posting a copy thereof in a conspicuous place on the premises or property involved. This notice shall state the nature of the violation and the time within which it shall be abated (not less than seven days). No person so notified shall fail or refuse to comply with this notice.
(b) Subsequent violations within one calendar year of the initial notice as specified in 106.6(a) may be subject to immediate abatement by the city as per 106.5 without further notification.
(Ord. 03-1429, passed 10-7-03; Am. Ord. 07-1507, passed 6-19-07; Am. Ord. 16-1772, passed 2-16-16) Penalty see § 10.99