(a) General penalty. Whoever violates any provision of this chapter shall be fined not more than $1,000 or imprisoned not more than six months or both. Each separate day of violation shall constitute a separate offense.
(b) Civil penalties.
(1) Any person who has received a citation for a serious violation of any code provision adopted in this chapter by the municipality, or any order issued pursuant to such code provisions, or any ordinance shall be assessed a civil penalty of not more than $1,000 for each such violation.
(2) Any person who has received a citation for a violation of any code provision adopted in this chapter by the municipality, 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 $1,000 for each such violation.
(3) Any person who fails to correct a violation for which a citation has been issued within the period permitted for its correction, may be assessed a civil penalty of not more than $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 § 1501.04(c), shall be assessed a civil penalty of not more than $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 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 Director of Finance 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.
(c) Fines.
(1) A. Any person who violates any provision of this chapter may execute and file with the Clerk of the city’s Municipal Court an instrument waiving the formal issuance of an affidavit and warrant, together with the reading of such affidavit and the right to be present personally at the trial of such action, and further waiving the right of appeal in error, and authorizing a plea of guilty to be entered and the defendant submitted to the mercy of the Court.
B. Upon depositing with such Clerk the sum specified in division (c)(2) below within 48 hours of the date of the citation, Sundays and legal holidays excluded, or upon depositing the said sum plus an additional amount of $10 after 48 hours from the date of the citation, Sundays and legal holidays excluded, such person may be fined the aforesaid amounts by the Court. After ten days from the date of the citation, Sundays and legal holidays excluded, such person shall be subject to the general code penalty contained in divisions (a) and (b) above.
(2) The following fines are hereby established as waiver amounts for citations for violating the following provisions.
C A01 Accumulation of waste (outside) | $50 |
C A02 Accumulation of waste (inside) | $50 |
C A03 Fire doors blocked open | $50 |
C A04 Bonfires | $50 |
C A05 Vehicles in driveway | $50 |
C A06 Asphalt (tar) kettles | $50 |
C A07 Exit sign | $50 |
C A08 Elevator warning signs | $50 |
C A09 Smoke detectors | $50 |
C A10 Extinguishers | $50 |
C A11 Hood systems | $50 |
C A12 Outdoor grills | $50 |
C A13 Fuel pump controls | $50 |
C A14 Blocked egressway | $50 |
C A15 Emergency escape windows locked | $50 |
(3) Citations for violating the following provisions are not subject to waiver.
C B01 Knox boxes | $100 |
C B02 Fire lane maintenance | $100 |
C B03 Extinguishers | $100 |
C C01 Exits locked or blocked | $500 |
C C02 Elevator recall | $500 |
C C03 Standpipe testing | $500 |
C C04 Sprinkler testing | $500 |
C C05 Emergency lighting | $500 |
C C06 Alarm system | $500 |
C C07 Failure to comply | $500 |
(Ord. 46-07, passed 8-21-2007)