§ 150.999 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99.

   (B)    (1)   A violation of the Water Conservation and Drought Contingency Plan - August 2009, as adopted by § 150.002 of this chapter, shall be a Class C misdemeanor subject to the general penalty provisions of § 10.99 of this code of ordinances.

      (2)   A culpable mental state is expressly dispensed with.

(1998 Code, § 50-3)

   (C)   (1)   Civil penalty.

         (a)   In a proceeding against the owner or the owner’s representative with control over the premises, the city may recover a civil penalty if it proves that:

            1.   The defendant was actually notified of the provisions of §§ 150.020 through 150.037 of this chapter; and

            2.   After the defendant received notice of §§ 150.020 through 150.037 of this chapter, the defendant committed acts in violation of §§ 150.020 through 150.037 of this chapter or failed to take action necessary for compliance with §§ 150.020 through 150.037 of this chapter.

         (b)   A civil penalty under this division (C)(1) may not exceed $1,000 a day for a violation of an ordinance.

         (c)   A determination made under § 150.024(E) of this chapter is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the municipality for final judgment in accordance with the established penalty.

         (d)   To enforce any civil penalty under §§ 150.020 through 150.037 of this chapter, the City Secretary must file with the District Clerk of the county, a certified copy of the order of the Commission panel establishing the amount and duration of the penalty. No other proof is required for a district court to enter final judgment on the penalty.

(1998 Code, § 22-307)

      (2)   Penalties; violations by corporations.

         (a)   The owner, occupant, mortgagee, lessee, agent or any other persons having an interest in any dangerous building who shall intentionally, knowingly or recklessly fail to comply with any notice or order given by the authority of the Building and Standards Commission of the city, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished for each offense.

         (b)   Any person removing the notice provided for in § 150.035 of this chapter shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 10.99 of this code of ordinances.

         (c)   In case the owner or occupant or lessee of any dangerous building ordered to be repaired or demolished under the terms of §§ 150.020 through 150.037 of this chapter shall be a corporation and shall violate any provisions of §§ 150.020 through 150.037 of this chapter, the president, vice-president, secretary or treasurer of such corporation or any manager, agent or employee of such corporation shall be jointly and severally liable for the penalties provided in this division (C)(2).

(1998 Code, § 22-326)

   (D)   Any person who shall violate any provisions of the technical codes or amendments to any of them adopted in § 150.068 of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine in accordance with § 10.99 of this code of ordinances.

(1998 Code, § 22-573)

(Ord. 01-65, passed 1-17-2002; Ord. 04-35, passed 9-1-2004; Ord. 05-16, passed 5-18-2005; Ord. 05-17, passed 5-18-2005; Ord. 13-23, passed 8-7-2013; Ord. 15-42, passed 12-16-2015)