(a) "Owner" means any of the following:
(1) Any person, corporation, partnership, limited partnership, limited liability partnership, or any shareholder, officer, trustee, partner, agent or employee of any of the above who has care, custody, control or charge of a premises or part thereof, has legal title to the premises, or has done any act to maintain or operate the premises.
A. "Maintaining or operating the premises" shall include without limitation, entering into a public utility contract, obtaining a building or demolition permit or obtaining any other permit or license relating to the premises.
(2) Any operator of a premises.
(b) "Operator" means:
(1) Any person who has charge, care of or control of a premises or a part thereof whether with or without the knowledge and consent of the owner.
(2) Any person who alone or jointly or severally with others shall have legal or equitable title to any premises with or without accompanying actual possession therefrom or shall have charge, care or control of premises as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession.
(3) Any person who as a lessee, or sublessee subletting as reassigning any part or all of any premises shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by such lessee.
(4) The vendor or vendee under a land installment contract who has care, custody, control or the right to enter on the premises or real property.
(c) "Premises" means a lot, plot or parcel of land, including the building or structures thereon.
(d) No owner or operator shall fail to obey any order issued pursuant to Toledo Municipal Code Part Thirteen Title Nine Sign Code.
(e) No owner or operator shall cause, permit, allow, maintain or fail to abate a violation of the Sign Code.
(f) In addition to any other penalty provided for in the Sign Code, the Administrator or his or her designee may issue a Notice of Liability to the owner or operator of the premises upon which any sign code exists. Said notice shall describe the location and nature of the Sign Code violation, the time and date it was observed and the fine assessed to the owner.
(1) The Notice of Liability shall be served upon the owner by first class United States mail or by personal service.
(2) It is prima facie evidence that the owner of the premises is the person listed as such in the records of the Lucas County Auditor or Lucas County Recorder.
(3) Any owner charged with a Notice of Liability may appeal said notice as provided by Section 1381.06. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability.
(4) A Notice of Liability for the first offense shall be seventy- five dollars ($75.00). A second violation shall result in a fine of one hundred fifty dollars ($150.00). A third and any subsequent violation shall result in a fine of three hundred dollars ($300.00). 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.
(A) An owner may be found liable under this section regardless of whether the owner has or has not been issued orders pursuant to other provisions of this Sign Code.
(B) Each day a violation of the Sign Code exists shall constitute a separate offense.
(Ord. 457-17. Passed 10-31-17.)