§ 93.99. Penalty.

A.

Administrative Penalties. In addition to any criminal penalties that may be imposed pursuant to subsection (C) of this section, or penalties expressly stated elsewhere in this chapter, whoever violates or fails to comply with any of the provisions of this chapter shall be subject to the following administrative penalties:

1.

For a first offense, a written warning shall be issued without an administrative fine.

2.

For a second offense, an administrative fine of one hundred dollars.

3

For a third offense, an administrative fine of two hundred dollars.

4.

For a fourth and subsequent offense, an administrative fine of one thousand dollars per violation per day.

B.

If an owner or occupant fails, neglects or refuses to pay an administrative penalty within thirty days, then the Chief of the Fire Division shall so notify the Director of Finance. The Director of Finance shall certify the administrative penalty to the County Fiscal Officer. 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 Fiscal Officer. The County Fiscal Officer shall enter the amount on the tax duplicate of the county as a special assessment against the real estate at issue.

C.

Criminal Penalties. Unless otherwise stated, whoever violates any of the provisions of this chapter, including the provisions of the Ohio Fire Code, as adopted in § 93.04, or fails to comply therewith, or violates or fails to comply with any order made thereunder, or builds in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by a court of competent jurisdiction, is severally for each and every such violation and noncompliance respectively, guilty of a misdemeanor of the third degree. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, a separate offense shall be deemed committed each ten days that prohibited conditions are maintained.

D.

The application of the above penalties shall not be held to prevent the enforced removal of prohibited conditions. Penalty, see § 130.99.

(Ord. 595-1996; Ord. 578-1992; Ord. 291-1981)

(Ord. 291-2013)