(a) Any person who violates any of the provisions of this chapter or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed by the Chief of the Fire Department or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of a minor misdemeanor.
(b) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue nor prevent the enforced removal of the prohibited condition, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time.
(c) Each day of continued violation shall constitute a separate offense.
(d) Criminal Penalties.
(1) Except as otherwise provided in Ohio R.C. 3737.99(B), whoever violates Section 1501.07
(a) is guilty of a misdemeanor of the first degree.
(ORC 3737.99(B))
(5) Any person who violates Section 1501.10
(a) or (b) is guilty of a misdemeanor of the first degree.
(e) Civil Penalties.
(1) Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it, shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(2) Any person who has received a citation for a violation of the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.
(3) Any person who fails to correct a violation for which a citation has been issued within a period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.
(4) Any person who violates any of the posting requirements, as prescribed by Section 1501.08
(j), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
(5) Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged, and the history of the previous violations shall be given whenever a penalty is assessed under this chapter.
(6) For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not with the exercise of reasonable diligence, know of the presence of the violation.
(7) Civil penalties imposed by this chapter shall be paid to the Municipal Chief Fiscal Officer for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(ORC 3737.51(B) to (H); Ord. 0-25-14. Passed 6-16-14.)
(ORC 3737.51(B) to (H); Ord. 0-25-14. Passed 6-16-14.)