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, including, the failure of any person, firm or corporation to comply with any order issued by the Building Commissioner pursuant to this code requiring any act to be undertaken.
The Building Commissioner shall serve Notice of Violation in accordance with Section 1363.106.
If a person, firm, or corporation to whom a Notice of Violation has been served does not bring the property at issue into compliance with the provisions of this code by the deadline established in the Notice of Violation or by the granted deadline extension, if any, such person shall be guilty of violation of this code and subject to the penalties set forth in Section 1363.105.4. If the Notice of Violation is not complied with, the Building Commissioner may institute the appropriate proceeding at law or in equity (including action for injunctive relief) to restrain, correct or abate such condition, or to require the removal or termination of the unlawful occupancy or use of the premises or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
Failure to correct the conditions set forth in the Notice of Violation within the time allowed in such Notice or any extension to such Notice shall constitute a criminal misdemeanor offense for the unabated conditions set forth in the Notice of Violation and, additionally, a separate criminal misdemeanor offense for the failure to comply with the order of the Building Commissioner, as required in Section 1363.105.1 as follows:
a. Minor Nuisances referenced in 1363.107.1 shall be cited and penalized as minor misdemeanor violations, subject to fines of not more than one hundred and fifty dollars per violation;
b. Unabated Minor Violations may be cited for each and every day that such violations persists unabated and, following conviction of a minor misdemeanor offense, such unabated minor nuisances and any subsequent offense shall be prosecuted as other violations herein; and
c. Upon conviction of such other violation(s), the owner and/or occupier shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than 180 days, or both. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of such violation may each be found guilty of a separate offense and suffer the penalties provided herein.
The imposition of the penalties herein prescribed shall not preclude the Building Commissioner 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.
The following special procedures govern the violations referenced in 1363.107.1, which are subject to penalties by 1363.105.4.
a. Upon observation of a first violation that is not deemed to be egregious because of prior convictions or prior violations at the property within the past 12 months or because of the presence of multiple violations at the property, a warning tag and/or Notice of Violation shall be personally served upon the owner and/or operator of the premises or, if not present, securely placed upon the front entrance to the building. Warning tags and/or Notice of Violation shall be issued to the owner and/or, when applicable, also to the operator on forms approved by the Building Commissioner. If, based on the forgoing criteria, an egregious condition exists or if the owner and/or operator of the property fails to abate alleged violations within forty-eight (48) hours following service or placement of a warning tag and/or Notice of Violation upon the property, minor misdemeanor citations may be issued by any person employed by the City and specifically designated by the Building Commissioner.
b. Minor misdemeanor citations shall be issued on forms approved by the Clerk of the Mayor's Court and served in accordance with law. The owner and/or operator shall either personally appear before the North Olmsted Mayor's Court to pay a fine or may be excused from personal appearance upon voluntary written waiver and payment in accordance with Mayor's Court procedure. Waiver of appearance before Mayor's Court and voluntary payment of such fine shall not be deemed a formal admission of guilt but shall constitute acknowledgment of the validity of the real property citation and shall preclude the prosecution of the misdemeanor offense alleged on the date therein but shall not preclude subsequent prosecution and enhancement of penalties upon subsequent dates of offense.
(Ord. 2014-37. Passed 6-3-14.)
(Ord. 2014-37. Passed 6-3-14.)