1726.99. Public nuisance prohibited; penalty; fines; cash bond.
   (a)   Whoever violates Section 1115.0201 through 1115.0211, Section 1726.08(a) or (b), or Section 1393.07 shall be guilty of a misdemeanor of the first degree.
   (b)   Whoever violates Section 1115.0201 through 1115.0211 or Section 1726.08(d) shall be assessed a fine as follows:
      First offense                  $75.00
      Second offense               $150.00
      Third offense                  $300.00
      Fourth offense and any offense thereafter   $600.00
   (c)   Whoever violates Section 1726.08(c) illegal transfer of title, shall be guilty of a misdemeanor of the first degree and shall be fined six hundred dollars ($600.00).
   (d) Whoever violates and is found liable pursuant to any section or rule of Chapter 963 shall be guilty of a misdemeanor offense as defined in Section 963.99, and shall be fined according to the provisions found in Section 963.99.
   (e)   All fines for citations issued in accordance with Chapters 963, 1115, 1367 and 1701 through 1763 inclusive, 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.
   (f) 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.
   (g) The Court may, in addition to any other penalty imposed, order the offender to correct all existing Health Code violations and/or order the offender to occupy the property which is the subject of any violation for a designated period of time.
      (1)   If the Court orders the offender to occupy the property which is the subject of any violation, such occupancy or confinement shall be electronically monitored as provided for in Ohio Revised Code Section 2929.23.
      (2)   The City may petition the Toledo Municipal Court's Housing Division Court, or any other court of competent jurisdiction, to order the owner, as defined by Section 1726.01(b), of property on which a public nuisance is found to:
         A.   Abate the nuisance.
         B.   Post with the Court a cash bond totaling the estimated abatement costs after a preliminary hearing on the matter. The cash bond shall be paid to the City, if the City abates the public nuisance, or returned to the owner of the property on which the public nuisance is found if the owner abates the public nuisance.
         C.   Comply with all orders issued by the Director of the Department of Neighborhoods or his/her designee or refrain from any current or future violations of any such orders.
         D.   Pay damages to the City in an amount equal to the estimated cost of abating the nuisance.
         E.   Impose a penalty and fine for investigation of the violation in accordance with the provisions found in Section 1319.04, which funds shall be deposited in the Building Inspection Trust Fund.
(Ord. 539-15. Passed 11-10-15; Ord. 23-22. Passed 10-11-22.)