§ 157.999 PENALTY.

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

   (B)   (1)   Each day that a violation of §§ 157.080 through 157.086 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.080 through 157.086, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.02.070.0100)

   (C)   (1)   Each day that a violation of §§ 157.100 through 157.108 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.100 through 157.108, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.04.080.0100)

   (D)   (1)   Each day that a violation of §§ 157.120 through 157.129 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.120 through 157.129, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.06.090.0100)

   (E)   (1)   Each day that a violation of §§ 157.140 through 157.149 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.140 through 157.149, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.08.090.0100)

   (F)   (1)   Each day that a violation of §§ 157.160 through 157.169 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.160 through 157.169, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.10.090.0100)

   (G)   (1)   Each day that a violation of §§ 157.180 through 157.189 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.180 through 157.189, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 10.12.100.0100)

   (H)   (1)   Each day that a violation of §§ 157.230 through 157.240 occurs or continues is a separate violation.

      (2)   For any violation of §§ 157.230 through 157.240, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 16.30.010)

   (I)   (1)   Each day that a violation of §§ 157.255 through 157.264 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.255 through 157.264, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 18.16010.0100)

   (J)   (1)   Each day that a violation of §§ 157.290 through 157.296 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.290 through 157.296, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 22.12.010)

   (K)   (1)   Each day that a violation of §§ 157.310 through 157.315 occurs or continues is a separate violation.

      (2)   For any violation of §§ 157.310 through 157.315, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

      (3)   Sections 157.310 through 157.315 shall be enforced based upon the geographical map dated Friday, April 10, 2020, for any complaints about preexisting nonconforming uses.

(Prior Code, § 23.12.010)

   (L)   (1)   Each day that a violation of §§ 157.370 through 157.376 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.370 through 157.376, the Code Enforcement Officer, or his or her designee, may issue, a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of any issued building permit or conditional use permit. The owner shall then be ineligible to have a building permit or conditional use permit reissued until the fine is paid and the structure immediately removed.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the owner shall be permanently ineligible to receive a building permit or conditional use permit for a structure, and the structure is to be immediately removed.

(Prior Code, § 28.12.10)

   (M)   (1)   Each day that a violation of §§ 157.495 through 157.501 occurs, or continues, is a separate violation.

      (2)   For any violation of §§ 157.495 through 157.501, the Code Enforcement Officer, or his or her designee, may issue a written citation or notice of violation to the owner specifying the violation and the penalty to be imposed.

         (a)   For the first violation within any 12-month period, the penalty shall be $500.

         (b)   For a second violation within any 12-month period, the penalty shall be $750.

         (c)   For a third violation within any 12-month period, the penalty shall be $1,000 plus revocation of the STR business license and land use permit. The owner shall then be ineligible for an STR land use permit and an STR business license for two years from the date of the third notice of violation.

         (d)   For any violation within any 12-month period following the third violation, the penalty shall be $1,000 and the STR owner shall be permanently ineligible to receive an STR land use permit and an STR business license.

(Prior Code, § 34.06)

   (N)   (1)   Any person, firm, or corporation who shall violate any of the provisions of §§ 157.840 through 157.850 shall be guilty of a Class B misdemeanor and, upon conviction, shall be punished as provided by the laws of the state for Class B misdemeanors. Each day’s failure of compliance shall constitute a separate violation.

      (2)   In addition to any other penalty as provided for herein, any license may be revoked by order of the city after a hearing has been held, to which the owner and/or operator of the licensed use shall be invited, for the purpose of hearing evidence from any interested party or administrative officer as to the operator’s failure to fulfill and/or maintain the requirements of §§ 157.840 through 157.850, or other ordinances of the city.

      (3)   Notice of hearing shall be given to the owner and/or operator at least five days before the hearing. Notice sent by certified mail eight days before the date of hearing shall be deemed to be sufficient.

(Prior Code, § 62.18.020)

   (O)   Any person, firm, or corporation who shall violate any of the provisions of § 157.851 shall be guilty of a Class B misdemeanor and, upon conviction, shall be punished as provided by the laws of the state for Class B misdemeanors.

(Prior Code, § 62.22.060)

   (P)   Any person, firm, or corporation violating any of the provisions or terms of §§ 157.925 through 157.939 shall, upon conviction, be punishable by a fine not to exceed the sum of $500 for each day during which the offense continued.

(Prior Code, § 70.30)

(Ord. 2-92, passed - -1992; Ord. 15-99, passed 12-1-1999; Ord. 23-2020, passed 6-17-2020; Ord. 11-2021, passed 2-17-2021; Ord. 29-2021, passed 7-21-2021)