916.20 PENALTY.

   Any person violating or failing to comply with any provision of this Ordinance shall be, upon conviction or a plea of guilty, subject to a fine not less than twenty five dollars ($25.00) nor more than ten thousand dollars ($10,000.00) per violation in addition to any required restitution for damages incurred by the City or any special assessments levied as provided for herein.

   (a)   (1)   Except as provided in subsection (a)(3) hereof, whoever violates any of the provisions of this chapter is guilty of an unclassified misdemeanor. When the offense is an unclassified misdemeanor, the offender shall be sentenced pursuant to Ohio R.C. 2929.21 to 2929.28, except that the offender shall not be sentenced to a jail term; the offender shall not be sentenced to a community residential sanction pursuant to Ohio R.C. 2929.26; notwithstanding division (A)(2)(a) of Ohio R.C. 2929.28, the offender may be fined up to one thousand dollars ($1,000); and, notwithstanding division (A)(3) of Ohio R.C. 2929.27, the offender may be ordered pursuant to division (C) of that section to serve a term of community service of up to five hundred (500) hours. The failure of an offender to complete a term of community service imposed by the court may be punished as indirect criminal contempt under division (A) of Ohio R.C. 2705.02 that may be filed in the underlying case.

      (2)    A separate offense shall be deemed committed upon each day during or on which the violation occurs or continues.

      (3)    If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one or more violations of this chapter, the offense is a misdemeanor of the fourth degree. If, within three (3) years of the offense, the offender previously has been convicted of or pleaded guilty to five (5) or more violations of this chapter, the offense is a misdemeanor of the first degree.

   (b)    Notwithstanding any other provision of the Codified Ordinances, when a code enforcement officers or law enforcement officer issues a citation and summons for a violation of the provisions of this chapter, the offender to whom the summons was issued, in lieu of appearing at the time and place stated in the citation, may, at any time prior to appearing at the time and placed stated, do either of the following:

      (1)    Appear in person at the office of the clerk of the court stated in the citation, sign a plea of guilty and a waiver of trial provision that is on the citation, and pay the total amount of the fine and costs;

      (2)    Sign the guilty plea and waiver of trial provision of the citation and mail the citation and a check or money order for the total amount of the fine and costs to the office of the clerk of the court stated in the citation. Remittance by mail of the fine and costs to the office of the clerk of the court stated in the citation constitutes a guilty plea and waiver of trial whether or not the guilty plea and waiver of trial provision of the citation are signed by the defendant.

   (c)    Any offense with the potential for incarceration requires a mandatory court appearance. Any offense that is an unclassified misdemeanor and where the offender waives court appearance pursuant to subsection (b), said fine shall be set at fifty dollars ($50.00).

      (Ord. 101-2023. Passed 12-19-23.)