§ 153.199. Penalty.

A.

Administrative Penalties. In addition to any criminal penalties that may be imposed pursuant to subsection D of this section, any person who violates or fails to comply with any of the provisions of this chapter shall be subject to following administrative penalties in accordance with the criteria stated in Section 153.150(B) of this chapter:

1.

For a first offense, an administrative fine of up to one hundred dollars.

2.

For a second offense, an administrative fine of up to five hundred dollars.

3.

For a third offense, an administrative fine of up to one thousand dollars.

B.

If a person fails, neglects or refuses to pay an administrative penalty within the time ordered pursuant to Section 153.150 of this chapter, then the Superintendent or other designee shall so notify the Director of Finance. The Director of Finance shall certify the administrative penalty to the County Auditor. In addition to the administrative penalty, an interest rate equal to the current rate of interest charged by the City on special assessments shall be imposed by the City for the life of the administrative penalty, added to the administrative penalty, and collected as provided in this section. The Director of Finance shall then certify the amount of the administrative penalty, including interest, to the County Auditor. The County Auditor shall enter the amount on the tax duplicate of the county as a special assessment against the person's real estate at issue.

C.

Money collected under subsections A and B of this section shall be used exclusively for Zoning Code enforcement purposes.

D.

Criminal Penalties. In addition to any administrative penalties that may be imposed pursuant to subsection A of this section, any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars or imprisoned not more than sixty days, or both, and shall, in addition to any other penalties within these maximum amounts, be subject to imposition of the following minimum mandatory penalties, which shall not be suspended or held in abeyance:

1.

A person who has not previously been convicted of any violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be fined not less than fifty dollars.

2.

A person who has previously been convicted of one violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be fined not less than two hundred dollars.

3.

A person who has previously been convicted of two violations of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be imprisoned not less than three days, and shall be fined not less than three hundred fifty dollars.

4.

A person who has previously been convicted of three violations of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be imprisoned not less than ten days, and shall be fined not less than five hundred dollars.

E.

Application of Prior Convictions. A conviction or convictions obtained prior to the effective date of the ordinance codified in this section shall constitute a conviction or convictions for purposes of enforcement of the minimum mandatory penalties required by this section. Each separate count of which a person has been convicted shall constitute a separate violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code.

F.

Continuing Violations. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

G.

Strict Liability. The provisions of this chapter are specifically intended to impose strict liability.

(Prior code § 153.999; Ord. 357-1999; Ord. 158-1980; Ord. 322-1976)