(a) Any person who violates any provision of this chapter is guilty of a minor misdemeanor. Each day’s failure to comply with any such provision shall constitute a separate minor misdemeanor violation. Second or subsequent violations of the same section of this chapter by an owner, his agent or an employee, shall constitute a misdemeanor of the fourth degree requiring a mandatory court appearance.
(b) The Law Director is hereby authorized and empowered in cases of flagrant, continued and repeated violations of this chapter, to apply to a court of competent jurisdiction for an order enjoining the owner, owners, employee or employees from occupying, using, or conducting business at, through or from any location where such violation or violations exist. Further, the City may initiate a civil enforcement proceeding by Complaint or such other means as provided by the Ohio Rules of Civil Procedure. Any person, partnership or corporation who or which has violated any provision of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the City, pay a judgment of not more than five hundred dollars ($500.00) for each violation, plus all court costs and reasonable attorney fees incurred by the City in the enforcement proceedings. In any case where a penalty for a violation if this Chapter has not been timely paid and the person upon whom the penalty was imposed is found to have been liable therefore in civil proceedings, the violator shall be liable for the penalty imposed, including additional daily penalties for continuing violations, plus court costs and reasonable attorney fees incurred by the City in the enforcement proceedings. A separate violation shall arise for each day or portion thereof in which a violation is found to exist or for each section of the Chapter which is found to have been violated. Additionally, the City shall be exempt from the payment of costs in any civil case brought to enforce this chapter in accordance with this paragraph. Further, the City may enforce any violation of this Chapter through an equity action brought in the Court of Common Pleas of the county where the City is situated.
(Ord. 020219-15. Passed 2-20-02.)