1711.98 CIVIL PENALTIES.

   (a)   In addition to any other remedy or penalty provided in this section, any owner of property who fails to comply with a notice of violation issued under this chapter by the date specified in the notice shall incur a civil penalty of one thousand dollars ($1,000) for each calendar day thereafter that an owner, operator, or occupant fails to comply with the notice of violation.

   (b)   The Director shall provide notice to the owner prior to the assessment of a civil penalty. Such notice shall state the date on which the assessment of a civil penalty will commence and shall be served on the owner as provided in Section 1711.03(a)(3).

   (c)   The Director must document the non-compliance for each day for which a civil penalty is to be assessed against an owner under this section. Such documentation may include periodic, but not necessarily daily, photographic evidence of noncompliance demonstrating the continued existence of the condition of the premises for which the notice of violation was issued.

   (d)   The Director shall also document that prior to the issuance of the notice of civil penalty that the Director personally conferred or attempted to confer with the owner of the premises in an effort to establish a reasonable period of time for the owner to comply.

   (e)   The Director may file a civil action in a court of competent jurisdiction seeking a court order to recover any accumulated civil penalties.

   (f)   Any accumulation of civil penalties under this section shall be stayed pending an appeal of the notice of violation issued under this chapter to the Board of Zoning and Building Appeals until the Board of Zoning and Building Appeals issues its decision on the appeal.

   (g)   This section shall not apply to any residential property that is occupied by the owner of the property unless such property contains multiple residential units that are marketed for rent.

   (h)   This section shall apply to any condominium association organized under R.C. Chapter 5311 as the owner and/or operator of common areas under the control of the condominium association.

(Ord. 68-2020. Passed 9-28-20.)