(A) General. After any order of the City Manager, Building Official, Fire Chief, or their authorized representatives, or the City Council made pursuant to this chapter shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a Class 1 misdemeanor and shall be sentenced to no more than a fine of $2,500, 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 this chapter.
(Prior Code, § 6-7.25)
(B) Failure to obey order. If, after any order of the City Manager, Building Official, Fire Chief, or their authorized representatives, or City Council made pursuant to this chapter has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the Building Official may:
(1) Cause such person to be prosecuted under division (A) above and divisions (D) and (N) below; or
(2) Abate such building as a public nuisance.
(Prior Code, § 6-7.26)
(C) Failure to commence work. Whenever the required repair or demolition is not commenced within 30 days after any final notice and order issued under this chapter becomes effective:
(1) The Building Official shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:
DANGEROUS BUILDING DO NOT OCCUPY It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official of . |
(2) No person shall occupy any building which has been posted as specified in this division (C). No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the Building official have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.
(3) The City Manager, Building Official, Fire Chief or their authorized representatives may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order; or, if the notice and order required demolition, to cause the building to be sold and demolished or demolished and the materials, rubble and debris therefrom removed and the lot cleaned. Any such repair or demolition work shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this chapter. Any surplus realized from the sale of any such building, or from the demolition thereof, over and above the cost of demolition and of cleaning the lot, shall be paid over to the person or persons lawfully entitled thereto.
(Prior Code, § 6-7.27)
(D) Option to proceed criminally or civilly. In addition to commencing proceedings to cause the repair, demolition or vacation of a building, the Building Official may proceed, pursuant to this chapter, by citation for civil sanctions or by complaint for criminal sanctions.
(Prior Code, § 6-7.28)
(E) Civil penalties. Upon a finding of responsibility to a civil violation 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 the chapter. In that event, the judge may suspend all or part of the fine.
(Prior Code, § 6-7.29)
(F) Criminal penalties.
(1) A person who is convicted of a violation of this chapter is guilty of a Class 1 misdemeanor and shall be sentenced to no more than a fine of $2,500, 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 this section.
(2) Notwithstanding division (F)(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 the chapter, the Court may:
(a) Sentence the defendant to pay a fine of not less than $100; and
(b) Suspend all or part of the probation.
(Prior Code, § 6-7.30)
(G) Restitution. In addition to any sanction or penalty provided for in this section, such person shall be liable for all costs which may be associated with the city’s bringing the property into compliance with the chapter. The Court shall impose restitution as part of its sentence.
(Prior Code, § 6-7.31)
(H) Jurisdiction of City Court. Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in City Court.
(Prior Code, § 6-7.32)
(I) Civil violation; commencement of action.
(1) A civil violation may be commenced by issuance of a citation or by complaint.
(2) 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.
(3) 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 not to exceed $1,000.
(4) Service of the citation may be accomplished and will be deemed proper and complete by any of the following methods:
(a) By having the defendant sign the citation with a promise to appear in Court within ten days of the issuance of the citation;
(b) By hand delivering a copy of the citation to the defendant;
(c) 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
(d) In the event service cannot be accomplished as set forth in divisions (I)(4)(a), (I)(4)(b) or (I)(4)(c) above, the state may serve the defendant by any means allowed by the state’s Rules of Civil Procedure for the Superior Court.
(Prior Code, § 6-7.33)
(J) Civil citation, authority to issue. The City Manager, Building Official, Fire Chief or their authorized representatives may issue a civil citation pursuant to this chapter. The authorized representative 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, § 6-7.34)
(K) 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, § 6-7.35)
(L) 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, § 6-7.36)
(M) 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 this chapter, except as modified or where inconsistent with the provisions of this chapter, local rules of the City Court or rules of the state’s Supreme Court.
(Prior Code, § 6-7.37)
(N) Collection of fines. Any judgment for civil sanctions taken pursuant to this section 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, § 6-7.38)
(O) Violations not exclusive. Violations 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 this chapter which is also a violation of any other ordinance or code provision of the city or statutes of the state.
(Prior Code, § 6-7.39)
(P) Each day separate violation. Each day any violation of any provision 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 this chapter shall constitute a separate offense and shall be punished as such hereunder.
(Prior Code, § 6-7.40)
(Q) Interference with inspection, abatement. Any person who interferes, prevents, or attempts to interfere or prevent an individual employed by the city or other person contracted for by the city, from investigating an alleged violation of this chapter, or from correcting or abating a violation of this chapter is guilty of a Class 1 misdemeanor.
(Prior Code, § 6-7.41)
(R) False information. Any person who knowingly makes a false or fraudulent statement, or knowingly misrepresents a fact, or misleads an individual employed by the city or other person contracted for by the city, when that individual is investigating, correcting or abating a violation of this chapter, is guilty of a Class 1 misdemeanor.
(Prior Code, § 6-7.42)
(Ord. 791, passed - -1999)