The Code Enforcement Officer is designated as the enforcing officer of this chapter. The Code Enforcement Officer is authorized to enforce, issue orders to prevent and stop violations and administer the provisions of this chapter. He or she may be assisted by any official or employee of the city by reporting to him or her any new construction, reconstruction, land uses, changes or suspected violations.

   (A)   Duties.

      (1)   Conduct on-site inspections to insure the actual construction will conform to the zoning permit.

      (2)   Upon finding a violation of the provisions of this chapter, the Code Enforcement Officer shall take appropriate action or actions necessary to correct said violation.

      (3)   May order discontinuance of illegal uses of land, buildings or structures.

      (4)   May order removal of illegal buildings or structures or illegal additions or structural alterations.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10)

   (A)   Membership, appointment. Pursuant to Charter Article IX, the Planning Commission shall consist of five members, who shall be residents of the incorporated territory in the municipality and shall be appointed by the Council for overlapping terms of three years. Members of the first Board shall be appointed for terms of one, two, and three years respectively. Thereafter, all members shall be appointed for the full three-year term. Appointment and removal of members shall be made in the manner provided by the Charter.

   (B)   Organization.

      (1)   The Planning Commission shall elect its own officers annually and shall adopt the rules necessary for the conduct of its affairs in keeping with the provisions of this chapter.

      (2)   Meetings shall be held at the call of the chair and at such other times as the Planning Commission may determine. The chair, or in his or her absence the acting chair, may administer the meeting. All meetings shall be open to the public. The Planning Commission shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be a public record.

      (3)   A majority of the Planning Commission shall constitute a quorum for conducting business.

      (2)   Application completeness and officially filed status. An application for a conditional use shall not be considered officially filed until the applicant has submitted all applicable filing fees and submitted to the Planning and Zoning Department all information required by or under subsection (6)(a) of this section. Completeness of an application and submission of necessary information is the responsibility of the applicant. Only after an application is determined by the Planning Director to be complete and officially filed will application review procedures begin.

         (a)   The proposed conditional use is to be located in a district wherein such use may be conditionally permitted;

         (b)   The proposed conditional use will not have a substantial or material detrimental effect on surrounding properties and will not have a substantially negative impact on or substantially conflict with surrounding properties; and

         (c)   Taking into account current vehicular traffic volumes and traffic volumes as may be expected to increase with increasing development of the community, and taking into account vehicular turning movements in relation to routes of traffic flow, street intersections, sight distances and pedestrian traffic, the vehicular traffic to and from the conditional use can be accommodated by the existing street network without significant adverse effect.

      (5)   Performance bond and violation. In approving a conditional use, the Planning Commission may prescribe appropriate conditions and safeguards in conformity to the provisions of this Zoning Code. The Planning Commission may also require security to assure conformance to such conditions and safeguards. Violation of such conditions and safeguards shall cause the security to be forfeited and shall also be deemed a violation of this code and punishable under § 158.999(A), as well as loss of the right to continue the conditional use until the requirements of these conditions and safeguards are met. An approved conditional use shall maintain the status of a conditional use regardless of the type of zoning district in which it is located.

      (6)   Burden of proof. The applicant shall have the burden of proving by a preponderance of evidence that the standards set forth in subsection (4)(a-c) of this section are met and the conditional use may be approved only if the Planning Commission finds the standards have been met by such evidence.

      (7)   Effect of approval. The effect of Planning Commission's approval of a conditional use application is authorization for the Planning and Zoning Department to allow conditional use for that property. The decision of the Planning Commission shall be final unless appealed to City Council pursuant to division (E) of this section.

   (D)   Official action.

      (1)   The Planning Commission shall act by resolution or motion on which a majority of the members must concur in any action before the Commission. The results of such resolution or motion shall be forwarded to the Council for its action, except as may otherwise be provided in this chapter.

      (2)   In the event of a tie vote, the motion only fails, and a further motion must be brought to a vote to resolve the issue. If an issue cannot gain a simple majority vote at a meeting then the issue shall be continued until a majority vote can be taken. A motion or resolution can only be voted upon by members who are present at a meeting. If a majority vote cannot be achieved after attempts to acquire a majority at two successive Planning Commission meetings, the issue shall be forwarded to the Council for its action with a notation that no recommendation is made by Planning Commission for reason of failure to attain a majority vote.

      (3)   In cases where the Planning Commission makes a decision and not a recommendation to City Council, if a majority vote cannot be achieved after two consecutive hearings, the request shall be considered denied and the applicant shall have the right to appeal to City Council, per § 158.171 (E).

      (4)   The Planning Commission shall review the Land Use Plan for additions, deletions and changes no less frequently than every five years. Recommendations shall be presented to Council for its action.

      (1)   Any person, firm or corporation, or any officer, department, board or agency of the municipality who or which has been aggrieved or affected by any decision of the Planning Commission may appeal such decision to the Council by filing a petition with the Clerk of Council within 15 days from the date of the decision. Such petition shall state the facts of the case. There shall be filed with the petition a separate document stating the grounds of the appeal.

      (2)   The Council shall hold a public hearing on such appeal not later than 30 days after such appeal has been filed with its Clerk. The Council by an affirmative vote of four of its members shall decide the matter and the Council's decision shall be final.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 18-25, passed 11-26-18)

   (A)   Creation, membership, appointment. The Council shall appoint a Board of Zoning Appeals of five members who shall be qualified electors of the incorporated territory in the municipality. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his successor is appointed and qualified. Appointment and removal of members shall be made in the manner provided by the Charter.

      (1)   The Board of Zoning Appeals shall elect its own officers annually and shall adopt the rules necessary to the conduct of its affairs. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the conducting of business.

      (2)   The chair, or in his or her absence, the acting chair, may administer oaths. All meetings and records shall be open to the public.

      (1)   The Board of Zoning Appeals shall act by motion on which three members must concur and shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote indicating such facts, and a statement of the facts of each appeal considered by the Board, and the section of this chapter where applicable which the Board has considered in approving or disapproving an application, petition or any other matter brought before the Board. All persons appearing before the Board shall be sworn before giving testimony.

      (2)   If a majority vote cannot be achieved after two consecutive hearings, the request shall be considered denied and the applicant shall have the right to appeal to City Council, pursuant to § 158.172(E).

      (1)   Any person, property owner, tenant or any governmental officer, department, board or bureau may apply for a variance from the strict application of the terms of this chapter or appeal a decision of the Planning and Development Department to the Board of Zoning Appeals within 15 days of the decision being rendered.

      (2)   An appeal of a ruling of the Planning and Development Department shall stay all proceedings unless the Planning and Development Department certifies that, by reason of facts pertaining to the matter in question, a stay in his or her opinion would cause imminent peril to life and property. When such certification is made, proceedings shall not be stayed except by a restraining order granted by the Board of Zoning Appeals or by the Court of Common Pleas.

      (3)   The Board of Zoning Appeals shall hold a public hearing on such appeal not later than 45 days after such appeal has been filed. The Board of Zoning Appeals, by a majority vote, shall decide the matter.

      (1)   Any person, firm or corporation or any officer, department, board or agency of the municipality who or which has been aggrieved or affected by any decision of the Board of Zoning Appeals may appeal from such decision to the Council by filing a petition with the Clerk of Council within 15 days from the date of the decision. Such petition shall state the facts of the case. There shall be filed with the petition a separate document stating the grounds of the appeal.

      (2)   The Council shall hold a public hearing on such appeal not later than 30 days after such appeal has been filed with its Clerk. The Council by an affirmative vote of four of its members shall decide the matter and the Council's decision shall be final.

      (1)   Each application for a variance shall be accompanied by a fee as established by the City Council.

      (2)   Application fees shall not be refunded in any case.

      (3)   When any applications to the city for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the city may need to incur expenses for the services of engineers and other experts to evaluate such technical data. As a condition of the city agreeing to consider any such application, the applicant must agree to reimburse the city for any such expenses which reimbursement must be received by the city before any such certificate or approval is issued.

   (G)   Hearing. The Board of Zoning Appeals shall hold a hearing on any application, petition or appeal, within 45 days of its receipt. A notice shall be given at least 15 days in advance of the time and place of such hearing, to the owners of record of property within 500 feet of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll and by one publication in one or more newspapers of general circulation in the city. Any party may appear at such hearing in person, by a duly authorized agent or by attorney. The Board shall decide the application or appeal within a reasonable time.

         (a)   Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this chapter.

         (b)   Interpret provisions of this chapter, in such a way as to carry out the intent and purpose, as shown upon the map fixing the several districts, accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

         (c)   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, where more than 60% of the structure is destroyed, if the Board finds some compelling necessity requiring a continuance of the nonconforming use and the principal purpose of continuing the nonconforming use will not adversely affect the health, safety or morals of the surrounding area.

         (d)   Reduce the parking and loading requirements in any of the districts whenever the character of use of the building is such to make unnecessary the full provision of parking or loading facilities or where such regulations would impose a practical difficulty on the use of the lot, as contrasted with merely granting an advantage or a convenience.

         (e)   The Board shall have the authority to grant an exception of a building devoted to a nonconforming use upon a lot occupied by such building where such extension is necessary and incidental to the existing use of such building; provided, however, that the floor areas of such extension not exceed in all 100% of the floor area of the existing building or buildings devoted to a nonconforming use and provided further that such extension or extensions shall be undertaken within five years of the date when the use of such building became nonconforming.

         (f)   Provide exceptions to height limitations in accordance with §§ 158.111 and 158.135.

            1.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

            2.   Whether the variance is substantial;

            3.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

            4.   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);

            5.   Whether the property owner purchased the property with knowledge of the zoning restriction(s) in place at the time he or she purchased the property;

            6.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

            7.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

            1.   The Board of Zoning Appeals shall make specific findings demonstrating its consideration of the factors set forth in § 158.172 (H)(5)(a) and shall make a determination as to whether practical difficulties in the use of the property by the property owner(s) have or have not been demonstrated, and whether the granting of the variance is justified.

            2.   The Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. The Board may require a bond or irrevocable letter of credit to assure conformance to such conditions and safeguards as the Board may require.

            3.   Violation or noncompliance of such conditions and safeguards when such are made a part of the terms under which a variance is granted shall cause the bond or letter of credit mentioned in division (c)2. above, to be forfeited or called upon and shall further be deemed a violation of this Zoning Code and punishable under § 158.999(A).

            4.   Prior to acting on a request for a variance, the Board of Zoning Appeals shall hold a public hearing and give notice to property owners as required in § 158.172(G) of this Zoning Code.

            5.   Period of validity. No variance granted by the Board of Zoning Appeals shall be valid for a period longer than one year from the date on which the Board grants the variance unless within such period: a zoning certificate is obtained and the construction, moving or remodeling of structure is started, or a Certificate of Use Compliance permit is obtained and a use commenced. The Board may grant a maximum of two extensions not exceeding six months each, upon written application, without notice of hearing.

         (c)   Public hearing. The Board of Zoning Appeals shall hold a hearing on any conditional use application within 45 days of receipt of a fully complete application. A notice shall be given at least 15 days in advance of the time and place of such hearing, to the owners of record of all property within 500 feet of the premises in question, with such notice to be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll and by one publication in one or more newspapers of general circulation in the city. Any party may appear at such hearing in person, by agent or by attorney. The Board shall decide the application within a reasonable time. The failure of delivery of such notice as provided in this section shall not invalidate subsequent action.

            1.   The proposed conditional use is to be located in a district wherein such use may be conditionally permitted;

            2.   The proposed conditional use will not have a substantial or material detrimental effect on surrounding properties and will not have a substantially negative impact on, or substantially conflict with surrounding properties; and

            3.   Taking into account current vehicular traffic volumes and traffic volumes as may be expected to increase with increasing development of the community, and taking into account vehicular turning movements in relation to routes of traffic flow, street intersections, sight distances and pedestrian traffic, whether the vehicular traffic to and from the conditional use can be accommodated by the existing street network without significant adverse effect to the areas immediately surrounding the conditional use.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 23-19, passed 9-11-23)

   (B)   Application and issuance of zoning permits. Every application for a zoning permit shall include a plot plan or such other plans as may be necessary to show the location and type of buildings to be erected or alterations to be made. Where construction or physical improvement of the land is involved, the lot and location of the buildings to be erected thereon shall be staked out on the ground before construction is started and all dimensions shown on filed plans shall be based on an actual survey.

      (1)   If required, as determined by the Planning and Zoning Department, the application shall contain an original and copies of all application materials, as required on the checklist on file at the time of application with the Planning and Zoning Department in a quantity specified by the Planning and Zoning Department.

      (2)   Each plan shall bear statements declaring that no part of the land involved in the application has been previously used to provide required yard space or lot area for another structure.

      (3)   Where complete and accurate information is not readily available from existing records, the Planning and Zoning Department may require the applicant to furnish a survey of the lot by a registered engineer or surveyor.

      (4)   Each property owner or authorized agent shall be required to attest to the correctness of the statements and data furnished with the application.

      (5)   A file of such applications and plans shall be kept in the office of the Planning and Zoning Department, as required by the Ohio Historical Society.

      (6)   Approval of zoning permit. Within 45 days of an application being officially filed, the Planning and Zoning Department shall either approve or disapprove the application in conformance with the provisions of this chapter. One copy of the plan shall be returned to the applicant, after the Planning and Zoning Department shall have marked such copy either as approved or disapproved and attested to same by a representative of the Planning and Zoning Department's signature on such copy. One copy of plans, similarly marked, shall be retained by the Planning and Zoning Department. The Planning and Zoning Department shall issue a placard, to be posted in a conspicuous place on the property in question, attesting to the fact that the application is in conformance with the provisions of this chapter.

      (7)   Submission to the Engineering Department. Before any zoning permit is issued affecting any land located within a drainage easement, the Engineering Department shall be provided a copy of the zoning permit application for review. The zoning permit shall include any condition(s) specified by the Engineering Department as part of the approval and issuance of the zoning permit. In addition, any structure approved to be placed within a drainage easement shall be maintained at the discretion of the Engineering Department.

      (8)   Submission to Director of the Ohio Department of Transportation.

         (a)   Before any zoning permit is issued affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed, as described in the certification to local officials by the Director of the Ohio Department of Transportation or affecting any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Planning and Zoning Department shall give notice by certified mail to the Director of the Ohio Department of Transportation. The Planning and Zoning Department shall not issue a zoning permit for 120 days from the date the notice is received by the Ohio Director of Transportation. If the Director of the Ohio Department of Transportation notifies the Planning and Zoning Department that the Director has purchased or begun proceedings to appropriate the land, the Planning and Zoning Department shall refuse to issue the zoning permit.

         (b)   If however, the Director of the Ohio Department of Transportation notifies the Planning and Zoning Department that acquisition of the land at this time is not in the public interest or upon the expiration of 120-day period or any extension thereof agreed upon by the Director of the Ohio Department of Transportation and the property owner without notice being received from the Director, the Planning and Zoning Department shall, if the application is in conformance with all provisions of this Zoning Code, issue the zoning permit.

         (c)   If there is any conflict between this division (B)(7) and R.C. § 5511.01 as it may be amended, that state statute shall control.

   (C)   Fees for zoning permits. A fee shall accompany each application for a zoning permit as deemed reasonable and proper by the City Manager in accordance with the fee schedule heretofore approved by the City Manager. The City Manager shall from time to time review the schedule of fees, charges and expenses. The schedule shall be posted in the Planning and Zoning Department. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal. When any application to the city for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the city may need to incur expenses for the services of engineers and other experts to evaluate such technical data. As a condition of the city agreeing to consider any such application, the applicant must agree to reimburse the city at once for any such expenses. That reimbursement must be received by the city before any such permit, certificate or approval is issued.

   (D)   Period of validity. A zoning permit shall become null and void six months after the date on which it is approved unless within such six-month period construction, building, moving, remodeling or reconstruction of structure is commenced or a use is commenced.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 20-16, passed 8-10-20)

   It shall be a violation of this chapter to use or occupy or permit the use or occupancy of any property until a Certificate of Use Compliance shall have been issued by the Planning and Zoning Department stating that the proposed use of the property conforms to the permitted uses within the applicable zoning district. This provision shall apply to all buildings and uses, except those for agricultural and public or private school purposes.

(Ord. 09-21, passed 7-27-09; Am. Ord. 15-23, passed 8-24-15)

   This chapter may be amended by utilizing the procedure outlined herein. Amendments include changes in zoning districts. See §§ 158.060 through 158.074 Planned Unit Development Districts for procedures for applications for Planned Unit Development zoning districts.

   (A)   General. Whenever the public necessity, convenience, general welfare or good zoning practices require, the City Council may by ordinance and subject to the procedures provided by law, amend, supplement, change or repeal the regulations, restrictions and boundaries or classification of property.

   (B)   Initiation of zoning amendments. Amendments to this chapter may be initiated in one of the following ways:

      (1)   By adoption of a resolution by the Planning Commission.

      (2)   By the filing of an application by at least one person who holds an ownership interest in the areas proposed to be rezoned by the amendment.

      (3)   By action of the Council.

   (C)   Contents of application. The application shall contain an original and copies of all application materials, as required on the checklist on file at the time of application with the Planning and Zoning Department in a quantity specified by the Planning and Zoning Department.

   (D)   Transmittal to the Planning Commission. Immediately after the adoption of a resolution by the Council or the filing of an application by at least one owner or lessee of property, the resolution or application shall be transmitted to the Planning Commission.

   (E)   Submission to Director of the Ohio Department of Transportation.  

      (1)   Before any zoning amendment is approved affecting any land within 300 feet of the centerline of a proposed new highway or highway for which changes are proposed as described in the certification to local officials by the Director of the Ohio Department of Transportation, or affecting any land within a radius of 500 feet from the point of intersection of the centerline with any public road or highway, the Council shall give notice, by certified mail, to the Director of the Ohio Department Transportation. The Council shall not approve the zoning amendment for 120 days from the date the notice is received by the Director of the Ohio Department Transportation. If the Director of the Ohio Department Transportation notifies the Council that he has purchased or has begun proceedings to appropriate the land, the Council shall refuse to approve the rezoning of land which includes the land which the Director has purchased or has begun proceedings to appropriate. If the Director of the Ohio Department Transportation notifies the Council that acquisition at this time is not in the public interest or upon the expiration of the 120-day period or any extensions thereof agreed upon by the Director of the Ohio Department Transportation and the property owner without notice being received from the Director, the Council shall proceed as required by law and this Zoning Code.

      (2)   If there is any conflict between this division (E)(1) and R.C. § 5511.01 as it may be amended, that state statute shall control.

      (1)   Granted as requested.

      (2)   May recommend a modification of the amendment or request.

      (3)   May recommend the amendment or request not be granted.

      (4)   Table/delay pending receipt of further information, and the like.

   (O)   Technical review costs. When any applications to the city for some permit, certificate or approval involves submission of technical information by the applicant, it is recognized that the city may need to incur expenses for the services of engineers and other experts to evaluate such technical data. As a condition of the city agreeing to consider any such application, the applicant must agree to reimburse the city at once for any such expenses. That reimbursement must be received by the city before any such permit, certificate or approval is issued.

(Ord. 09-21, passed 7-27-09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 17-10, passed 7-24-17)

   Buildings erected, altered, razed or converted, or uses carried on in violation of any provision of this chapter are declared to be a nuisance per se. The court shall be requested to order such nuisance abated and the owner or agent in charge of such building or land shall be adjudged guilty of maintaining a nuisance per se.

(Ord. 09-21, passed 7-27-09)

   (A)   First notice of violation.

      (1)   The enforcing officer shall issue a first notice of violation, by regular U.S. Mail, posting in a prominent place on said premises, or served personally, to the person(s) having the right of possession of the premises in violation of any section or division of Chapter 158.

      (2)   The first notice of violation shall identify the date of the violation, the property on which the violation is occurring, the nature of the violation, the corrective action to be taken, and the timeframe within which to complete such action.

   (B)   Second notice of violation.

      (1)   If the enforcing officer determines that the violation of the same section of Chapter 158 as cited in the first notice of violation, as provided for in division (A), has not been fully remedied within the prescribed timeframe provided for in division (A)(2) of this section, or if it reoccurs within 12 months of the first notice, the enforcing officer shall send a second notice of violation, by U.S. Mail, posting in a prominent place on said premises, or served personally, to the person(s) having the right of possession of the premises in violation of any section or division of Chapter 158.

      (2)   The second notice of violation shall identify the date of the violation, the property on which the violation is occurring, the nature of the violation, the corrective action to be taken, and the timeframe within which to complete such action.

      (3)   After the expiration of the second notice's timeframe provided for in division (B)(2) of this section, the enforcing officer may request that appropriate legal action be taken.

   (C)   Continuation of violation.

      (1)   If a person has received a first notice of violation of any section of Chapter 158 and the person commits another violation of the same section of Chapter 158 within 12 months of receiving the first notice of violation, the second violation may be considered a continuing violation and an enforcing officer may issue a second notice of violation.

      (2)   If a person has received a first and second notice of violation of any single section of Chapter 158 and the person commits another violation of the same section of Chapter 158 within 12 months of receiving second notice of violation, the third and any subsequent violation (s) may be considered a continuing violation and an enforcing officer may request that appropriate legal action be taken.

(Ord. 09-21, passed 7-27-09)

   (A)   Remedies.

      (1)   If any building or land is used, altered, constructed, enlarged or any such action proposed in violation of the provisions of this chapter or any amendment or supplement thereto, the City Law Director, the Planning and Zoning Department, any person or any property owner damaged by or subject to damage by such violation in addition to other remedies provided by law is hereby empowered or authorized to institute appropriate action or proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, enlargement, change, maintenance or use.

      (2)   Failure to obtain a zoning permit or certificate of use compliance shall be a violation of this chapter and punishable under § 158.999.

      (3)   Construction and use to be as provided in application, plans, permits and certificates. Zoning permits or Certificate of Use Compliance issued on the basis of plans and applications approved by the Planning and Zoning Department authorize only the use and arrangement set forth in such approved plans and applications or amendments thereto, and no other uses, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided in § 158.999.

   (B)   Other action. Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

   (C)   Affected parties. The owner or tenant of any building, structure, premises or part thereof, and any architect, engineer, surveyor, builder, contractor, agent or other person who commits, participates in, assists in or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. 09-21, passed 7-27-09)

      (1)   For a first offense, a minor misdemeanor.

      (2)   For a second offense (whether or not of the same section of this chapter, occurring not later than two years after the first offense) a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended.

      (3)   For a third offense (whether or not of the same section of this chapter, occurring not later than two years after the previous offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $1000, no portion of which may be suspended.

      (4)   For a fourth offense and each subsequent offense (whether or not of the same section of this chapter, occurring not later than two years after the previous offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $1,000, no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than 30 days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.

      (5)   A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

   (B)   Sign violation penalties. Whoever erects or maintains a sign in violation of §§ 158.145 through 158.158 is guilty of the following offenses and shall be subject to the following penalties:

      (1)   For a first offense, a minor misdemeanor.

      (2)   For a second offense (whether or not on the same sign or on the same section of §§ 158.145  through 158.158, occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the third degree. The court shall impose upon the offender a fine of not less than $500, no portion of which may be suspended.

      (3)   For a third offense (whether or not on the same sign or on the same section of §§ 158.145 through 158.158, occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $1,000, no portion of which may be suspended.

      (4)   For a fourth offense and each subsequent offense (whether or not on the same sign or on the same section of §§ 158.145 through 158.158, occurring not sooner than seven days and not later than two years after the first offense), a misdemeanor of the second degree. The court shall impose upon the offender a fine of not less than $1,000, no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than 30 days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.

      (5)   A separate offense shall be deemed committed upon each day during which a violation occurs or continues.

(Ord. 09-21, passed 7-27-09; Am. Ord. 12-02, passed 2-13-12)