(a) No person shall violate any provision of Chapter 1315, Plumbing, or any order made pursuant to this chapter.
(b) Any person who has been found to be in violation of this chapter, or any order issued pursuant to Chapter 1315, may be assessed a civil penalty of not more than one thousand dollars ($1,000.00) for each violation.
(c) Any person who fails to correct a violation of this chapter during the period set by the Chief Building Official and/or the Canton Construction Board for a correction of that violation may be assessed a civil penalty of not more than one thousand dollars ($1,000.00) for each day during which such failure or violation continues.
(d) The Canton Construction Board shall give due consideration to the following factors prior to imposing a civil penalty for a violation of this chapter:
(1) The gravity, seriousness and surrounding circumstances of the alleged violation.
(2) The apparent good faith of the person being charged with a violation.
(3) The person's history of violations.
(e) Civil penalties imposed by this chapter shall be paid to the City of Canton and shall be deposited into the City's General Revenue Fund. Civil penalties imposed under this chapter may be recovered in a civil action brought in the name of the City of Canton, the Canton Construction Board and the City's Chief Building Official in any court of competent jurisdiction. In any such civil action, the City of Canton, through its Law Department, shall also apply to the court for an award of costs, reasonable expenses and attorney's fees. The penalties imposed by this section are civil remedies and are in addition to any criminal penalties that may be imposed and prosecuted under this chapter or under applicable Ohio law.
(f) As used in this section, the term "person" includes an individual, partnership, corporation, sole proprietorship or any other business entity.
(g) The term "violation", as used herein, shall not encompass work, materials or procedures that are within the jurisdiction of the Ohio Board of Building Standards or the Canton Board of Building Appeals. (Ord. 247-2010. Passed 12-27-10.)