(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Civil penalties. Upon a finding of responsibility to a civil violation of §§ 91.01 through 91.17 of this chapter, the Court shall impose a civil sanction of not less than $250, nor more than $1,000. No judge shall suspend the imposition of the $250 sanction unless at the time of sentencing the Court finds by a preponderance of the evidence that the violation(s) the defendant was found responsible for has now been completely corrected, and that the defendant is now in full compliance with §§ 91.01 through 91.17 of this chapter. In that event, the judge may suspend all or part of the fine.
(Prior Code, § 6-8.13)
(2) Criminal penalties.
(a) A person who is convicted of a violation of §§ 91.01 through 91.17 of this chapter is guilty of a Class 1 misdemeanor and shall be sentenced to no more than a fine of $2,000, six months in jail and three years’ probation, nor less than a fine of $500 and be placed on probation for not less than one year. A judge shall not suspend any or all of the impositions or execution of the sentence required by §§ 91.01 through 91.17 of this chapter.
(b) Notwithstanding division (B)(1) above if a judge finds at the time of sentencing, and by a preponderance of the evidence, that the violation(s) the defendant was convicted of has been corrected, and that the defendant is now in compliance with §§ 91.01 through 91.17 of this chapter, the Court may:
1. Sentence the defendant to pay a fine of not less than $100; and
2. Suspend all or part of the probation.
(Prior Code, § 6-8.14)
(3) Restitution. In addition to any sanction or penalty provided for in divisions (B)(1) and (B)(2) above, such person shall be liable for all costs which may be associated with the city’s bringing the property into compliance with §§ 91.01 through 91.17 of this chapter. The Court shall impose restitution as part of its sentence.
(Prior Code, § 6-8.15)
(Prior Code, § 6-8.16)
(5) Civil violation; commencement of action.
(a) A civil violation may be commenced by issuance of a citation or by complaint.
(b) The citation will be issued with a form modeled after the state’s traffic ticket and complaint and shall direct the defendant to appear in the City Court within ten days after issuance of the citation.
(c) The citation will further notify the defendant that if he or she fails to appear on or before the date specified in the complaint, a judgment by default will be entered against him or her, and the Court may, in its discretion, impose a civil sanction no less than $250 and no more than $2,000.
(d) Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:
1. By having the defendant sign the citation with a promise to appear in Court within ten days of the issuance of the citation;
2. By hand delivering a copy of the citation to the defendant;
3. By mailing a copy of the citation to the person charged by certified or registered mail, return receipt requested, to the person’s last known address; or
4. In the event service cannot be accomplished as set forth in divisions (B)(5)(d)1., (B)(5)(d)2. or (B)(5)(d)3. above, the state may serve the defendant by any means allowed by the state’s Rules of Civil Procedure 4.1 and 4.2.
(Prior Code, § 6-8.17)
(6) Civil citation, authority to issue. The City Manager or designee, or any peace officer, may issue a civil citation pursuant to §§ 91.01 through 91.17 of this chapter. DESIGNEE shall mean an individual employed by the city who has been appointed by the City Manager, in writing, to have the authority to issue civil code violations. Such authorization shall be filed with the City Clerk.
(Prior Code, § 6-8.18)
(7) Appearance by defendant. The defendant shall, within ten days of the issuance of the citation, appear in person or through his or her attorney in the City Court and shall either admit or deny the allegations contained in the citation. If the defendant admits the allegations, the Court shall enter judgment against the defendant and impose a civil sanction of the violation. If the defendant denies the allegations contained in the citation, the Court shall set the matter for hearing.
(Prior Code, § 6-8.19)
(8) Default judgment. If a person served with a complaint fails to appear on or before the time directed to appear or at the time set for hearing by the Court, the allegations in the complaint shall be deemed admitted and the Court shall enter judgment for the city and impose a civil sanction.
(Prior Code, § 6-8.20)
(9) Rules of procedure for civil violations. The state’s Rules of Procedure for Civil Traffic Violation Cases shall be followed by the City Court for civil violations of §§ 91.01 through 91.17 of this chapter, except as modified or where inconsistent with the provisions of §§ 91.01 through 91.17 of this chapter, local rules of the City Court or rules of the state’s Supreme Court.
(Prior Code, § 6-8.21)
(10) Collection of fines. Any judgment for civil sanctions taken pursuant to this division (B) may be collected as any other civil judgment, including, but not limited to, the right to record the civil judgment and foreclose on the judgment.
(Prior Code, § 6-8.22)
(11) Violations not exclusive. Violations of §§ 91.01 through 91.17 of this chapter are in addition to any other violation enumerated within city ordinances or the city code and in no way limits the penalties, actions or abatement procedures which may be taken by the city for any violation of §§ 91.01 through 91.17 of this chapter, which is also a violation of any other ordinance or code provision of the city or statutes of the state.
(Prior Code, § 6-8.23)
(12) Each day separate violation. Each day any violation of any provision of §§ 91.01 through 91.17 of this chapter is committed or permitted to continue, such violation shall constitute a separate offense and shall be punished as such hereunder. Each day there is a failure to perform any act or duty required by §§ 91.01 through 91.17 of this chapter shall constitute a separate offense and shall be punished as such hereunder.
(Prior Code, § 6-8.24)
(Ord. 791, passed - -1999)