1115.0504 Injunctive Relief.

   Pursuant to Revised Code Section 713.13, the City may seek an injunction or other equitable relief in court to stop any violation of this Zoning Code.

(Ord. 336-15. Passed 6-23-15.)

1115.0505 Abatement.

   The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

(Ord. 336-15. Passed 6-23-15.)

1115.0506 Penalties.

   A.   Whoever violates any section of Section 1115.0201 through 1115.0211 is guilty of a misdemeanor of the first degree per Toledo Municipal Code Part 17 - Health Code Section 1726.99, and each day that the violation exists will constitute a separate penalty per Section 1115.0507(E).

(Ord. 336-15. Passed 6-23-15; Ord. 23-22. Passed 10-11-22.)

1115.0507 Citation for Infractions.

   A.   Authority. The Director of Building and Code Compliance, and/or the Planning Director may issue one or more citations and impose one or more noncriminal citations and civil penalties for a violation, as provided below. If the violator does not pay the penalty, the City may collect it in court through a civil action in the nature of debt.

   B.   Notice. Notice of the citation and penalty shall include a copy of the notice of violation, the amount of the penalty, information about where to pay the penalty, the deadline for payment, which shall be 15 days from the date of the notice, and the possibility of civil enforcement.

   C.   Amount.

      1.   The Director of Building and Code Compliance, and/or the Planning Director may issue penalties for violations subject to Section 1726.99 and include the following:

         a.   Whoever violates Section 1115.0201 through 1115.0211 shall be guilty of a misdemeanor of the first degree.

         b.   Whoever violates Section 1115.0201 through 1115.0211 shall be assessed fines as follows:

            First offense                  $75.00

            Second offense               $150.00

            Third offense                  $300.00

            Fourth offense and any offense thereafter   $600.00

         c.   All fines for citations issued in accordance with this chapter, shall be deposited in the Nuisance Abatement Trust Fund which fund shall be used exclusively for the enforcement of those chapters, with the exception of court costs which will be deposited as required by law.

         d.   Payment of a fine under this section may be enforced by means of a civil action or any other means provided by the Ohio Revised Code.

   D.   Settlement of Claims. The Director of Building and Code Compliance, and/or the Planning Director is authorized to determine the amount of payment that will be accepted in full and final settlement of some or all of the claims the governing body may have in connection with the violation. The Director of Building and Code Compliance, and/or the Planning Director shall indicate in writing the claims from which the violator is released. If the violation has not been remedied, payment shall not release a violator from potential criminal prosecution or a claim for injunctive relief and/or an order of abatement.

   E.   Continuing Violations. The Director of Building and Code Compliance, and/or the Planning Director may issue a citation for a violation which continues without being corrected. The violators in such cases may be assessed a penalty for each day of the continuing violation.

      1.   Except as provided below, an initial citation for a single violation must be issued before a citation for a continuing violation is issued.

      2.   An initial citation is not required if the Director of Building and Code Compliance, and/or the Planning Director has previously issued a citation to the violator for the same violation at the same location within the previous two years, or if the violator has been specifically warned concerning the violation.

      3.   The Director of Building and Code Compliance, and/or the Planning Director may give a single notice of a citation for a continuing violation. The notice must contain a copy of the notice of violation and must state the violation is continuing, that a daily penalty of a specified amount is being imposed, and that the penalty is cumulative.

      4.   If the violator has failed to pay the penalty and correct the violation after the initial citation the violator is subject to a citation for a continuing violation with a daily penalty.

      5.   The Director of Building and Code Compliance, and/or the Planning Director may elevate violations to a criminal penalty and/or fines, fees, judgements, and liens.

(Ord. 336-15. Passed 6-23-15; Ord. 23-22. Passed 10-11-22.)

1115.0508 Other Remedies.

   The City may seek such other penalties and remedies as are provided by Ohio law.

(Ord. 336-15. Passed 6-23-15.)

1115.0600 Remedies cumulative.

   The remedies and enforcement powers established in this Zoning Code are cumulative, and the City may exercise them in any order.

(Ord. 336-15. Passed 6-23-15.)

1115.0700 Continuation of previous enforcement actions.

   Nothing in this Zoning Code will be interpreted to prohibit the continuation of previous enforcement actions, undertaken by the City under previous, valid ordinances and laws.

(Ord. 336-15. Passed 6-23-15.)