§ 199.999. Penalties.

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 building code shall be subject to the following administrative penalties in accordance with the criteria stated in § 190.109(D) of this building code:

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.

Failure to Pay. If a person fails, neglects or refuses to pay an administrative penalty within the time ordered pursuant to Section 190.109(E) of this building code, then the Superintendent 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.

C.

Use of Money. Money collected under subsections (A) and (B) of this section shall be used exclusively for building 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 building code, except Section 190.1091(A) and (B), 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.

Any owner, who has not previously been convicted of any violation of Section 190.1091 of this chapter, who violates or fails to comply with the provisions of Section 190.1091(A) or (B) 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 more than sixty days, or both, and subject to the minimum mandatory penalty in subsection D of this section. Any owner who has previously been convicted of one or more violations of Section 150.32 of this chapter who violates or fails to comply with the provisions of Section 190.1091(A) or (B) of this chapter shall be guilty of a misdemeanor of the second degree and shall be fined not more than seven hundred fifty dollars or imprisoned more than ninety days, or both, and subject to the minimum mandatory penalty in subsection D of this section.

F.

Application of Prior Convictions. A conviction or convictions obtained prior to June 1, 1998 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 building code, housing code, fire prevention code, health, safety and sanitation code, litter code or zoning code.

G.

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

H.

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

I.

Nonexclusive Remedy. Nothing in this section shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. 388-1998)

(Ord. 70-2013)