Label
Text Amendment modifying TMC 1113.0906 Penalties and 1115 Violations, Penalties and Enforcement
Zoning & Planning Committee
1/8/2025
Title
Amending Toledo Municipal Code (TMC), Part Eleven, Subsections 1113.0906 Penalties and 1115 Violations, Penalties and Enforcement; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
The request is a text amendment to modify Toledo Municipal Code (TMC) 1113.0906 Penalties and Chapter 1115 - Violations, Penalties, and Enforcement. The sign code, approved earlier this year, included enforcement language that conflicts with the general enforcement provisions in Chapter 1115. This amendment clarifies that Chapter 1115 takes precedent and includes minor amendments to assist with enforcement.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1 That Toledo Municipal Code, Part Eleven, Subsection 1113.0906, which read as follows:
1113.0906 Penalty
A. No owner or operator shall fail to obey any order issued pursuant to this Chapter. No owner or operator shall cause, permit, allow, maintain or fail to abate a violation of this Chapter.
B. Whoever violates or fails to comply with any provisions of this Code or the owner or user of an unlawful sign or the owner of property upon which an unlawful sign is located shall be subject to for each and every violation or non-compliance be deemed guilty of a minor misdemeanor for a first offense. For any second offense within any twelve month period, such persons or organizations shall be deemed guilty of a misdemeanor of the fourth degree.
C. Every person concerned in the violation of or failure to comply with this Chapter, whether he directly commits the act or aids and abets the same, and whether present or absent, shall be proceeded against and held as principal. Provided, however, that the owner of property on which an unlawful sign is located, who is not also the owner or user of the unlawful sign, shall be subject to such misdemeanor penalties only if demand for alteration of the unlawful sign shall have been mailed to such owner and/or posted on the property, and the demand has not been complied with for more than thirty days.
D. Any sign installed or modified without a required permit shall be subject to a Stop Work Order and all applicable regulations as outlined in TMC 1319.02.
E. No owner or operator shall cause, permit, allow, maintain, or fail to abate a violation of this Chapter.
F. Each day a violation of this Chapter exists shall constitute a separate offense.
be amended to read as follows:
1113.0906 Penalty
A. No owner or operator shall fail to obey any order issued pursuant to this Chapter. No owner or operator shall cause, permit, allow, maintain or fail to abate a violation of this Chapter.
B. Whoever violates or fails to comply with any provisions of this Chapter shall be subject to penalties and enforcement as outlined in TMC Chapter 1115.
C. Every person concerned in the violation of or failure to comply with this Chapter, whether he directly commits the act or aids and abets the same, and whether present or absent, shall be proceeded against and held as principal.
D. Any sign installed or modified without a required permit shall be subject to a Stop Work Order and all applicable regulations as outlined in TMC 1319.02.
E. No owner or operator shall cause, permit, allow, maintain, or fail to abate a violation of this Chapter.
F. Each day a violation of this Chapter exists shall constitute a separate offense.
SECTION 2. That Toledo Municipal Code, Part Eleven, Subsection 1115, which reads as follows:
1115.0400 | Continuing Violations
Each day that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation.
1115.0506 Penalties
A. Whoever violates any section of Sec. 1115.0201 through 1115.0211 is guilty of a misdemeanor of the first degree per Toledo Municipal Code Part 17 - Health Code Sec. 1726.99, and each day that the violation exists will constitute a separate penalty per Sec. 1115.0507E).
1115.0803 Appeals
Enforcement actions by the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement may be appealed to the Board of Zoning Appeals, in accordance with Sec. 1111.2000. Appeals must be received within 15 days from the date of the notice. A pending appeal to the Board of Zoning Appeals does not stay a decision to revoke a certificate or permit.
be amended to read as follows:
1115.0400 | Continuing Violations
Each day that a violation remains uncorrected after receiving notice of the violation from the City constitutes a separate violation. Once a warning is issued, any violation that is corrected and reoccurs within one year from the date of the notice proceeds immediately to a citation.
1115.0506 Penalties
A. Whoever violates any section of Sec. 1115.0201 through 1115.0211 is guilty of a misdemeanor of the first degree per Toledo Municipal Code Part 17 - Health Code Sec. 1726.99, and each day that the violation exists will constitute a separate penalty per Sec. 1115.0507E).
B. Illegal and unauthorized work completed prior to issuing the required permit or approval shall also be subject to a doubled permit fee and a fine per TMC 1115.0507.
1115.0803 Appeals
Enforcement actions by the Commissioner of Building Inspection and/or the Commissioner of Code Enforcement may be appealed to the Board of Zoning Appeals, in accordance with Sec. 1111.2000. Appeals must be received within 15 days from the date of the notice. A pending appeal to the Board of Zoning Appeals does not stay a decision to revoke a certificate or permit.
SECTION 3. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide for the orderly development of the area and to protect the land values in the area.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council