§ 155.99 PENALTY.

   (A)   An owner of a property that remains vacant or abandoned for at least 90 consecutive calendar days may be liable for a civil penalty in the amount of $500 per vacant or abandoned building or structure, not to exceed $5,000 per building or structure per year, unless:

      (1)   Documentation has been filed and approved by the Code Enforcement Officer that indicates the owner’s intent to eliminate the vacant or abandoned building or structure status of the property;

      (2)   The owner is current on all property taxes and special assessments; and

      (3)   At least one of the following applies:

         (a)   The structure is the subject of a valid building permit for repair or rehabilitation and the owner is proceeding diligently and in good faith to complete the repair or rehabilitation of the building or structure as defined in the enforcement order issued by the Code Enforcement Officer.

         (b)   The structure is:

            1.   Maintained in compliance with this chapter and other application statues, laws or ordinances; and

            2.   Actively being offered for sale, lease, or rent.

         (c)   The owner can demonstrate that a diligent and good faith effort to implement actions approved by the Code Enforcement Officer.

   (B)   If the building or structure continues to remain vacant or abandoned beyond the initial 90 days described in division (A) and the owner does not meet any of the exceptions set forth in this section, the Code Enforcement Officer may continue to assess penalties each year on each building or structure in the following amounts:

      (1)   One thousand dollars for each second 90 calendar day period each building or structure remains vacant or abandoned.

      (2)   One thousand five hundred dollars for the third 90 calendar day period each building or structure remains vacant or abandoned.

      (3)   Two thousand dollars for the fourth and each subsequent 90 calendar day period thereafter for each building or structure that remains a vacant or abandoned.

   (C)   A civil penalty under this section may not exceed $5,000 per building or structure per year.

(Ord. 2014-19, passed 9-2-2014)