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Every act or omission of an agent or employee that constitutes a violation of any provision of this chapter shall be deemed the act or omission of the operator if such act or omission occurs with the approval of the operator, or as a result of the operator's negligent failure to supervise the agent's or employee's conduct. The operator shall be punished for such act or omission in the same manner as if the operator committed the act or caused the omission.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
(a) Any person who violates subdivision (a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), or (a)(7) of Section 236.02, each constituting a separate offense, shall be issued a verbal warning and, if the violation continues after a reasonable time to take corrective measures, the person shall be subject to a civil penalty of one thousand dollars ($1,000.00) for the first offense and a civil penalty of three thousand dollars ($3,000.00) for each subsequent violation.
(b) Any person who violates division (b) of Section 236.02 shall be subject to a civil penalty of twenty-five dollars ($25.00) for each violation.
(c) The Director of Public Health, Director of Public Safety, or the Commissioner of Environmental Health, and any other officer or employee designated by them, and any Cleveland Police Officer may enforce the provisions of this chapter.
(d) The civil penalties prescribed in this section are in addition to any rights, remedies, or other penalties provided by law.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
A civil penalty imposed under Section 236.05 may be appealed to the Directors of Public Safety and Public Health ("Directors"), or their designees, within ten (10) days after receipt of the civil penalty. The Directors shall grant the appeal or conduct a hearing, which may be virtual, within thirty (30) days. The Directors shall have jurisdiction to affirm or reverse the civil penalty. A person aggrieved by a final decision of the Directors may further appeal to the Board of Zoning Appeals within thirty (30) days after the Directors' written decision.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)
This Chapter 236 shall expire upon the termination of the Ohio Director of Health's Dine Safe Ohio Order dated June 5, 2020 ("Dine Safe Ohio Order") or any amendment, whichever is later.
(Ord. No. 556-2020. Passed 7-15-20, eff. 7-15-20)