(a) Any Property that is a Chronic Nuisance violates this chapter.
(b) Any Owner who permits the Property to be a Chronic Nuisance or who fails to comply with a notice or order to abate a nuisance shall be in violation of this chapter.
(c) Whoever violates this chapter is guilty of a misdemeanor of the third degree.
(d) After a Property has been determined to be a Chronic Nuisance, the Owner shall be charged for the actual cost of service by the City for responding to each subsequent Nuisance Activity at the Property.
(e) As an alternative, or in addition, to criminal prosecution, the Code Enforcement Director may, at the request of the Law Director, assess a civil penalty against an Owner who violates any provision of this chapter for the following amounts:
(1) Two hundred fifty dollars ($250.00) for a third Nuisance Activity (resulting in the Property becoming a Chronic Nuisance);
(2) Five hundred dollars ($500.00) for the first Nuisance Activity after the Property is declared a Chronic Nuisance;
(3) Seven hundred fifty dollars ($750.00) for the second Nuisance Activity after the Property is declared a Chronic Nuisance;
(4) One thousand dollars ($1,000.00) for the third Nuisance Activity after the Property is declared a Chronic Nuisance;
(5) Two thousand dollars ($2,000.00) for each Nuisance Activity after the third Nuisance Activity after the Property is declared a Chronic Nuisance.
(f) A separate offense shall be deemed committed each day on which a violation occurs or continues.
(g) The cost of service by the City for responding to a Nuisance Activity after the Property is declared a Chronic Nuisance or for any other action taken by the City pursuant to this chapter shall be recovered in the following manner:
(1) The Owner shall be billed directly for the costs, and the Owner shall pay the bill within thirty (30) days.
(2) If the Owner does not timely pay the bill, the City may collect the costs by any of the following methods:
A. The City may certify the costs to the County Auditor for collection as other taxes and assessments are collected to the extent permitted by law.
B. The City may commence a civil action against the Owner.
(Ord. 21-054. Passed 10-13-21.)