(a) Criminal Enforcement. Any person violating the provisions of this Chapter may be subject to a criminal proceeding instituted by the attorney of the City of New Lexington. It is unnecessary to prove the defendant's state of mind with regard to offenses that constitute such violations, as the legislative purpose is to impose strict liability for such offenses. Each day that a continuing violation of any ordinance is maintained or permitted shall constitute a separate offense. All notices given prior to criminal enforcement shall comply with constitutional due process requirements.
(1) Dismissal of charges. Any person subject to criminal prosecution under this Chapter may avoid the same upon presenting sufficient evidence to establish that the alleged violation has been remedied. At the discretion of the attorney for the City of New Lexington and if sufficient evidence is presented prior to trial, a nolle prosequi may be entered for the charge with or without prejudice.
(2) In lieu of initially pursuing a criminal action, the Code Enforcement Officer may issue a penalty up to $100.00 per rental unit to the violator. If the penalty is paid in the amount and in the manner required by the violation notice and the violation is corrected as required by the violation notice, further court action shall not be pursued for the violation.
If the penalty is not paid within thirty (30) days from the assessment thereof, the Code Enforcement Officer may file a criminal action against the violator. In the alternative, the Code Enforcement Officer may treat the unpaid penalty as a lien upon the Residential rental property owned by the violator. The lien shall not be limited to the Rental unit owned by the violator but shall be effective as to the entire Residential rental property, if applicable. The Code Enforcement Officer shall certify to the County Auditor any unpaid penalty. The County Auditor shall then place such unpaid penalty upon the real property tax duplicate of the Residential rental property owned by the violator. Such unpaid penalty shall be a lien upon such Residential rental property from the date the unpaid penalty is placed upon the real property tax duplicate of the Residential rental property. Failure to pay any unpaid penalty which is certified to the County Auditor shall result in foreclosure of the property by the County Prosecutor. This remedy shall be in addition to all other collection remedies provided by law including an action in Small Claims Court.
(b) Civil Enforcement. Any person violating the provisions of this Chapter may be subject to a civil proceeding instituted by the City of New Lexington Attorney. The City Attorney may apply for injunctive relief against the person, to prevent, abate, or enjoin any continuing violation of the provisions of this Chapter. The violator shall be responsible for any costs incurred in preventing, abating, or enjoining such violations. The City Attorney shall provide the violator a breakdown of costs and require payment within thirty (30) days.
Any costs incurred and unpaid within thirty (30) days from the date of the letter of the City Attorney shall be a lien upon the Residential rental property owned by the violator. The lien shall not be limited to the Rental unit owned by the violator but shall be effective as to the entire Residential rental property, if applicable. The Code Enforcement Officer shall certify to the County Auditor any unpaid costs. The County Auditor shall then place such unpaid costs upon the real property tax duplicate of the Residential rental property owned by the violator. Such unpaid costs shall be a lien upon such Residential rental property from the date the unpaid cost is placed upon the real property tax duplicate of the Residential rental property. Failure to pay any unpaid cost which is certified to the County Auditor shall result in foreclosure of the property by the County Prosecutor. This remedy shall be in addition to all other collection remedies provided by law including an action in Small Claims Court.
(c) Administrative Enforcement. Any person violating the provisions of this Chapter may be subject to administrative proceedings instituted by the Code Official or Code Enforcement Officer.
(1) Notice of violation. The Code Enforcement Officer is authorized to serve a notice or order on the property owner, Perry County authorized agent, landlord, or any other person responsible for the occupancy of the rental unit.
(2) Show cause hearing. If such violations are not remedied within the time specified, the Code Enforcement Officer shall schedule a show cause hearing and provide the person an opportunity to defend his, her, or its conduct at the hearing prior to any penalty being imposed. After such show cause hearing, the Code Enforcement Officer shall render a written decision within twenty (20) days, informing the person of his or her decision and detailing the reasons for any adverse action taken against the person. The show cause decision shall be delivered pursuant to the method of service provisions of this Chapter.
(3) Administrative penalties. Notwithstanding any other section of this Chapter, any person who is found to have violated any provision of this Chapter or directive of the Code Enforcement Officer shall be assessed an administrative penalty as follows:
The total amount of the penalty shall be $100.00 multiplied by the total number of rental units involved in the violation with the maximum penalty being $1,000. The penalty shall be subject to a 5% daily interest until such penalty is paid.
Any penalty assessed and unpaid within thirty (30) days from the written decision of the Code Enforcement Officer shall be a lien upon the Residential rental property owned by the violator. The lien shall not be limited to the Rental unit owned by the violator but shall be effective as to the entire Residential rental property, if applicable. The Code Enforcement Officer shall certify to the County Auditor any unpaid penalty. The County Auditor shall then place such unpaid penalty upon the real property tax duplicate of the Residential rental property owned by the violator. Such unpaid penalty shall be a lien upon such Residential rental property from the date the unpaid penalty is placed upon the real property tax duplicate of the Residential rental property. Failure to pay any unpaid penalty which is certified to the County Auditor shall result in foreclosure of the property by the County Prosecutor. This remedy shall be in addition to all other collection remedies provided by law including an action in Small Claims Court.
(4) Administrative appeals.
A. Any person aggrieved by any administrative enforcement action taken pursuant to this Chapter, or any person who in good faith claims that the true intent of this Chapter or the rules legally adopted thereunder have been incorrectly interpreted, or that the provisions of this Chapter do not fully apply, shall have the right to an appeal to the Property Maintenance Appeals Board. The Property Maintenance Appeals Board shall not have the authority to waive any requirement of this Chapter.
B. All appeals shall be filed with the City Administrator within twenty (20) days of the date the written decision is issued by the Court. A public hearing will then be afforded to the appellant within forty-five (45) days of the filing of the appeal.
C. An appeal under this section shall automatically stay the Code Enforcement Officer's actions in all cases other than those where the violation alleges substantial issues of habitability.
D. Appeals shall be heard based solely upon the available information to the official or body rendering the initial decision. Appeals shall not be used to consider new or additional information. Information submitted but not discussed in rendering a decision shall be considered part of the original record and may be considered on appeal. Testimony may be given based upon the material submitted to the decision-maker.
E. The Appeals Board shall make findings of fact and shall render a decision in writing based upon the record created at the public hearing within twenty (20) days.
F. The Appeals Board may affirm, modify, reverse, vacate, or revoke the action appealed, provided that such action shall be affirmed by the Appeals Board if the action taken was not arbitrary or capricious or was taken pursuant to law.
G. The fee for the filing of an appeal under this Section shall be $100.00.
(5) Form of violation notice. A violation notice shall direct compliance with this Code and the abatement of the violation. All notices shall:
A. Be in writing;
B. Contain the address of the property or a description of the property sufficient for identification;
C. Include the section of the Code being violated; and
D. Include a correction order directing the person to remedy the code violation by such time as determined by the Code Enforcement Officer.
(6) Method of service. Notice required by this Chapter shall be satisfied where a copy of the notice is:
A. Delivered personally to the property owner, Perry County authorized agent, or landlord;
B. Mailed with proof of mailing and addressed to the property owner, Perry County authorized agent, or landlord at their last known address as reflected by records in Perry County; or
C. Posted in a conspicuous place on the property affected by such notice and followed by a mailed or faxed copy to the property owner, Perry County authorized agent, or landlord.
Service of such notice in the foregoing manner upon a property owner's Perry County Authorized Agent or landlord shall constitute service of notice upon the property owner.