(a) Criminal Penalties. Any Person found guilty of violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter shall be guilty of a misdemeanor of the fourth degree. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(b) Civil Violations and Forfeiture.
(1) In lieu of the criminal penalties set forth above, the Village Clerk may make an initial finding of a civil violation by the Service Provider for violating, disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter.
(2) The Civil Forfeiture shall be in an amount payable to the Village of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues.
(3) An action for civil forfeiture shall be commenced by providing the Service Provider with written notice describing in reasonable detail the Service Provider’s alleged violation of one or more provisions of this Chapter and the amount of the penalty that will be assessed against it.
(4) The Service Provider shall have fifteen (15) days subsequent to receipt of the notice of violation in which to correct the violation before the Village may assess penalties against the Service Provider. The time in which to cure the violation may be extended by the Village if additional time is required to correct the violation; provided that the Service Provider commences corrective action within seven (7) days of the notice of violation and proceeds with reasonable diligence.
(5) The Service Provider may dispute the alleged violation by providing the Village with written notice within five (5) days of receipt of the notice of violation, setting forth in reasonable detail the reasons for its dispute. The Village shall set a date for hearing of the alleged violation no sooner than thirty (30) days and no later than sixty (60) days from receipt of the notice of dispute.
(6) The Village shall issue a written decision on the Service Provider’s alleged violation within thirty (30) days of the hearing, which decision shall be final and subject to the administrative appeal procedures under Ohio law. If the Village finds after hearing that the alleged violation(s) did occur, the penalty shall be assessed starting fifteen (15) days from the notice of violation and shall continue with the violation has been corrected.
(c) Other Remedies. Nothing in this Chapter shall be construed as limiting any judicial remedies that the Village may have, at law or in equity, for enforcement of this Chapter.
(Ord. 3364. Passed 5-16-07.)
943.01 Purpose and intent.
943.02 Applicability.
943.03 Definitions.
943.04 Application required.
943.05 Application review process and timeframes.
943.06 Location and design standards for small cell facilities and wireless support structures within the right-of-way.
943.07 Standard conditions of permit approval.
943.08 Safety requirements.
943.09 Location and design standards for small cell facilities and wireless support structures outside the right-of-way.
943.10 Recovery of costs; use of revenue.
943.11 Severability.
943.99 Penalties.
CROSS REFERENCES
Use of public ways by service providers - see S.U. & P.S. Ch. 941