(A) Any person who shall violate a provision of this chapter, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by the applicable state laws and this chapter. The fine for the first violation of this chapter or failure to comply with the requirements of this chapter shall be an amount not to exceed state law plus the costs to the city to institute the proceeding; the fine for the second violation of this chapter or failure to comply with the requirements of this chapter within 18 months of the first violation shall be an amount not to exceed state law plus the costs to the city to institute the proceeding; and the fine for the third and subsequent violation of this chapter or failure to comply with the requirements of this chapter within 18 months of the first violation shall be an amount not to exceed state law plus the costs to the city to institute the proceeding; provided, that in lieu of a monetary penalty, the Municipal Court may sentence the defendant for the violation to a commensurate amount of community service. Each day that a violation continues after a formal notice has been served in accordance with the § 154.008 shall be deemed a separate offense. Additionally, any person who shall violate a provision of this chapter that results in the Department carrying out the property owner’s responsibilities under this chapter shall pay the property maintenance fee as calculated in accordance with§ 154.004(A)(4) and any charge against the real property imposed under the authority of this chapter.
(B) The imposition of the penalties herein prescribed shall not preclude the city 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.
(C) The penalties for violating § 154.041(D) shall be assessed based upon the number of citations within any calendar year: an amount not to exceed state law for the first citation; an amount not to exceed state law for the second citation; an amount not to exceed state law for the third citation; and an amount not to exceed state law for each citation thereafter. All fines imposed by citations shall be due within ten days of service of the citation.
(D) The penalties for violating § 154.046(D) shall be assessed based upon the number of citations within any calendar year: an amount not to exceed state law for the first citation; an amount not to exceed state law for the second citation; an amount not to exceed state law for the third citation; and an amount not to exceed state law for each citation thereafter. All fines imposed by citations shall be due within ten days of service of the citation.
(E) Any person violating any provision of §§ 154.130 to 154.135, whether as principal, agent or employee, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of an amount not to exceed state law; and such person shall be guilty of a separate offense for each month during a portion of which any violation of this subchapter is committed, continued or permitted; provided, that in the event of an appeal from any such conviction, the period between the date a notice of appeal is filed and the date of the final order of the court last considering the appeal shall not be considered a period of continuing in violation of this subchapter.
(F) A contractor violating any provision of §§ 154.150 to 154.166 shall be deemed guilty of a misdemeanor of the city’s public nuisance ordinance and may be assessed a fine not to exceed state law for each violation. In addition, a contractor violating any provision of §§ 154.150 to 154.166 is also subject to certification denial, suspension or revocation.
(G) Any failure of the owner of a vacant structure to register the vacant structure shall constitute a violation of §§ 154.180 to 154.192 and shall result in a fee against that owner of an amount not to exceed state law per violation. Each and every 12-month period following the application of a fine under this division (G) and during which the structure has not been registered as a vacant structure shall be a separate violation of §§ 154.180 to 154.192 and shall result in additional fine of an amount not to exceed state law per violation.
(Ord. 09-05, passed 5-19-2009; Ord. 09-14, passed 12-15-2009; Ord. 11, passed 9-20-2011; Ord. 13-2, passed 4-16-2013; Ord. passed 9-5-2017; Ord. passed 12-5-2017; Ord. passed 6-1-2020)