Uh, if the villain only said that he was going to take over the city and didn't do any law breaking, why does the heroine knock him out, kidnap and threaten him? Also, what the hell does "too much property damage" mean? Because any property damage should be too much, unless the heroine is on the job only for the kicks.
Needs To Do Her Work!
Well, she fought him because this was her first big super villain fight and she got over excited. Kidnapping him was a choice made in panic because she didn't know what else to do with him. And it was her roommate that scared him, not so much threaten. She was kind of nervously polite.
As for property damage...basically not so much that it can't be ignored by the readers. A weak reason, but I don't really want to see him in jail.
But Don't Forget Knuckles O'Shaughnessy!
Okay, first of all, how comedic is your story? Because your heroine is clearly a sociopath.
Needs To Do Her Work!
It's fairly comedic, but she only lets him off easy because she's genre savvy and knows that he's one of those Harmless Villains
But Don't Forget Knuckles O'Shaughnessy!
Oooooookay then. I'll go with that, but you have to be very careful with the collateral damage. I can't imagine a serious fight when "too much property damage" doesn't happen.
(Also, to actually answer your original question: It's perfectly logical for a villain to not attack all the time. Each time he fails, he needs to carefully examine what happened, rethink his strategies, make new plans, repair/buy equipment, deal with his family, go out with friends, train a bit more. Stuff like that takes time.)
'I know a superhero comic villain has to be complex, so I'm going to write out his concept for you to rate. He isn't the main character, but I want him to be well thought out'
Alistair Blackethorne was the youngest in a family of sorcerers. His sister was cold and his brother was cruel, for they thought him weak and kind. Their parents made it clear to them at a young age that they wanted them to take over the world. When they were older, his brother and sister went off to do their own conquering schemes, and Alistair decided to start small, by taking over New Hallow City (the superheroes residence), a large city in America, first.
Alistair acts extremely over the top and hammy in his supervillainy (he acts a little better when he's off duty), he feels he has to act superior and evil because he doesn't think he is. And he never does anything too evil. Also, he knows that if he ever turns good, his brother would kill him (literally).
'You wouldn't find out all of this until much later in the story'
After his first encounter with the superhero, she knocks him unconscious and realizes that she can't take him to the police (either because they wouldn't believe her (he can shoot fire), he hadn't done anything legally wrong yet (can you be arrested for saying that you are going to take over the city)). So she takes him to her apartment and ties him up (the apartment is dark so he can't tell where he is). Realizing that he isn't so evil (for some reason, still working on that. Might need some help), she makes him a deal: She won't take him to jail, as long as his schemes don't hurt anyone (or 'cause too much property damage). Also they declare each other archnemesises. He agrees (her roommate frightened him) and is knocked unconscious once again and taken back to his mansion.
Blackethorne now swears vengeance on her; most of his schemes involve messing with her rather than city domination. Although, she acts he's her friend (whom she occasionally punches) and he acts pretends like he doesn't like her. He is also very possessive, he won't tolerate any other villain claiming to be her archnemesis and refuses to join any villain teams.
His powers are mainly magical control of four elements (Fire, Wind, Water, and Wood), but he knows some other spells and has extensive magical knowledge.
Basically I need a good reason why he doesn't attack the hero all the time, I need breaks for other villains to do stuff, or did I already give a good reason?
But Don't Forget Knuckles O'Shaughnessy!