Unified Development Ordinance

Sec. 11.6.16. Penalty

Sec. 11.6.16. Penalty aaron.sheppard… Wed, 05/24/2023 - 10:18
  1. It shall be unlawful for the owner to occupy or to permit the occupancy by others or for anyone to occupy a dwelling which has been posted with the notices authorized by Sec. 11.6.12. after the time prescribed in the notice for the vacation of said dwelling. Each day's occupancy after said date shall be a separate and distinct offense.
  2. If any person shall violate any provision of this chapter, he shall be guilty of a misdemeanor and shall be punished as provided by law.
  3. Any owner of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined to be unfit for human habitation pursuant to the provisions contained in Sec. 11.6.7.and Sec. 11.6.8., or who permits the reoccupancy of an unfit dwelling in violation of Sec. 11.6.6. shall be subject to a civil penalty of $500.00 for the first day following the expiration of an order to repair, vacate and close or demolish any dwelling or following a determination that an unfit dwelling has been reoccupied in violation of Sec. 11.6.6.B. In each instance, a penalty of $100.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of an order issued pursuant to Sec. 11.6.7. and Sec. 11.6.8. or in violation of Sec. 11.6.6.B. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
  4. Any owner of a dwelling whose property shall be subject to an order to repair, vacate and close, or demolish said dwelling or who permits the reoccupancy of an unfit dwelling as provided in subsection (c) shall on the second offense occurring within 1 year be subject to an additional civil penalty of $1,000.00 for the first day following the expiration of the order to repair, vacate and close or demolish said dwelling or the unlawful re-occupancy of the unfit dwelling. In each instance, a penalty of $250.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of the order or remains unlawfully occupied. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.
  5. Any owner of a dwelling who fails to comply with an order to repair, vacate and close or demolish any dwelling determined unfit for human habitation pursuant to the provisions contained in Sec. 11.6.12. and Sec. 11.6.13. shall be subject to an additional civil penalty of $1,000.00 for the first day following the effective date of a City Council Ordinance declaring said dwelling to be unfit for human habitation or ordering it to be repaired or demolished. In each instance, a penalty of $250.00 per day shall be imposed for each subsequent day that the unfit dwelling remains in violation of the Ordinance or remains unlawfully occupied. If a person fails to pay the civil penalty within 30 days after being notified of the amount due, the City may recover the penalty together with all costs by filing a civil action in the general court of justice in the nature of a suit to collect a debt.