(a) All violations of the provisions of this Housing Code, or of the rules or regulations adopted pursuant thereto, recorded in one inspection shall constitute a single offense.
(b) Any person once convicted of a violation of this Housing Code shall thereafter be prosecuted as a second and repeated offender and the affidavit shall contain the allegation that it is a second and repeated offense.
(c) Whoever violates the provisions of this Housing Code or the rules or regulations adopted pursuant thereto is guilty of a misdemeanor in the fourth degree, for the first offense, and each day such violation shall be permitted to exist shall constitute a separate offense, and for the second and repeated offenses is guilty of a misdemeanor in the third degree, and each day such violation shall be permitted to exist shall constitute a separate offense.
(d) Whoever violates this Part Seventeen - Title Three - Housing Code (excepting Chapter 1763) and has been issued a warning notice with a minimum seventy-two (72) hour compliance date and, after receipt of such warning does not comply shall be issued a citation in accordance with the special police powers conferred in Section 129.05(e), is guilty of a minor misdemeanor and shall be fined two hundred fifty dollars ($250.00) plus applicable court costs. Each day's violation shall constitute a separate offense. Prior to the issuance of a citation under this section the person issuing the citation shall, in the case of a non-owner occupied property, determine if the offense is attributable to the actions of the owner or the tenant and shall issue the citation accordingly.
(e) The Court may, in addition to any other penalty imposed, order the offender to correct all existing Housing 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.
(f) The City may petition the Toledo Municipal Court 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 housing code violation is found to:
(1) Abate the housing violation and/or
(2) 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 condition of the property, or returned to the owner of the property on which the housing violation is found if the owner makes the necessary repairs.
(3) 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.
(4) Pay damages to the City in an amount equal to the estimated cost of making the necessary repairs.
(5) All fines for citations and non-compliance fees issued in accordance with Chapter 1743, shall be deposited in the Nuisance Abatement Trust Fund 90/1610/T31306, which fines and fees shall be used by the Department of Neighborhoods for purposes not inconsistent with this chapter, with the exception of court costs which will be deposited as required by law.
(Ord. 134-15. Passed 3-31-15.)