(a) Civil. In instances where any person or entity violates any provision of this Chapter or fails to comply with any orders issued pursuant to this Chapter in the time period prescribed, the Zoning Enforcement Officer or his designee may assess the person or entity that received the order or notice a penalty in the amount of up to one thousand dollars ($1,000) per day until the violation is corrected. This penalty is in addition to any other actions that may be taken by the City.
(b) Criminal.
(1) Except as otherwise provided in division (b)(2) of this section any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a minor misdemeanor.
(2) If the offender previously has pleaded guilty to or been convicted of violating the provisions of this chapter or failing to comply with any of its requirements, any violation of the provisions of this chapter or failure to comply with any of its requirements shall constitute a misdemeanor of the first degree.
(3) Each day such violation continues shall be considered a separate offense. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
(c) In any instance where the City incurs any expenses, including but not limited to legal costs and fees, because of any person or entity's non-compliance with any provision of this Chapter, the expenses incurred, plus an administrative fee equal to the expenses incurred shall be recovered from the person or entity.
(d) Any amounts owed to the City of Mount Vernon pursuant to any provision of this Chapter, whether for work completed by the City or for assessed penalties or expenses, may be certified by the Zoning Enforcement Officer or his designee as a lien against the property with the Knox County Auditor for collection in the same manner as property taxes and assessments.
(e) The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains such violation may each be assessed a civil penalty and/or found guilty of a separate offense and suffer the penalties herein provided.
(Ord. 2021-01. Passed 1-11-21.)