(a) Criminal Penalties. In addition to any other penalties and fees that may be imposed upon any person, occupant, operator, owner, purchaser, or builder (offender) who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and penalties as follows:
(1) A first offense violating this chapter shall be deemed a minor misdemeanor and shall be fined not less than fifty dollars ($50.00).
A. If an offender complies with the notice of violation the Code Enforcement Officer shall have the discretion to waive or reduce the fine if it is a first offense and does not create a risk to public health, safety, and welfare.
(2) A second offense violating this chapter including any previous convictions for violation of the Fire Prevention Code, Health, Safety and Sanitation Code, Nuisance Code, Zoning Code, or Building and Housing Code within a one year period shall be deemed a misdemeanor of the fourth degree and shall be fined not less one hundred dollars ($100.00) or imprisoned, or both.
(3) A third offense violating this chapter including any previous convictions for violation of the Fire Prevention Code, Health, Safety and Sanitation Code, Nuisance Code, Zoning Code, or Building and Housing Code within a one year period shall be deemed a misdemeanor in the third degree and shall be fined not less two hundred dollars ($200.00) or imprisoned, or both.
(4) A fourth offense and any subsequent offenses violating this chapter including any previous convictions for violation of the Fire Prevention Code, Health, Safety and Sanitation Code, Nuisance Code, Zoning Code, or Building and Housing Code within a one year period shall be deemed a misdemeanor of the first degree and shall be fined not less five hundred dollars ($500.00) or imprisoned, or both.
(b) Civil Penalties. Notwithstanding any other penalties under this chapter, any person, occupant, operator, owner, or purchaser who violates or fails to comply with any of the provisions of this chapter may be subject to a civil penalty of up to one hundred fifty dollars ($150.00).
(1) If a person complies with the notice of violation the Code Enforcement Officer shall have the discretion to waive or reduce the civil penalty if it is a first offense and does not create a risk to public health, safety, and welfare.
(2) The City may use all available means to collect unpaid civil penalties and other costs incurred by the City in correcting violations including reinspection and administrative fees.
(c) A separate offense shall be deemed committed each day during which a violation occurs or noncompliance continues and may incur fines for each violation.
(d) The owner of the building or lot where anything in violation of this chapter exists, and any architect, builder, contractor, agent, lessee or person employed in connection with such violation, or who has assisted in the commission of any such violation, shall be deemed guilty of a separate offense and shall be subject to the penalty herein provided.
(e) Strict liability is intended to be imposed for a violation of this chapter. This penalty(s) is in addition to and separate from any other civil or administrative penalties or remedies provided by this code or pursuant to Ohio law.
(f) Nothing in this chapter shall be construed to prohibit the City from pursuing enforcement of any provisions of the chapter through any other remedy available by law including but not limited to abatement, civil complaint for injunctive relief or damages.
(Ord. 2022-35. Passed 12-1-22.)