(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 (4th) 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 Engineer may make an initial finding of a civil violation by any Person 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 $100.00 nor more than $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 the Village Engineer providing the violating Person with written notice describing in reasonable detail the alleged violation of one or more provisions of this Chapter and the amount of the penalty that will be assessed against it.
(4) The violating Person shall have fifteen (15) days, or other period of time as specifically set forth in this Chapter for the violation, subsequent to receipt of the notice of violation in which to correct the violation before the Village may assess penalties against the violating Person. 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 violating Person commences corrective action within seven (7) days of the notice of violation and proceeds with reasonable diligence.
(5) The Person may dispute the alleged violation as set forth in Subsection (c) of this Section 905.99
.
(6) If the Village Administrator finds after hearing that the alleged violation(s) did occur, the penalty shall be assessed starting from the day upon which the period allowed to cure the violation terminated and shall continue until the violation has been corrected.
(c) Appeals. Any notice of violation or determination of a denial of an application or registration under this Chapter may be appealed by filing a written request for a hearing by the Village Administrator within fifteen (15) days from the date that such notice of violation or determination is received by the alleged violator, unless the provisions of this Chapter otherwise set forth a different time period for filing an appeal. Upon receipt of such a request, the Village Administrator shall set a time and place for such hearing and shall cause notice thereof to be given to such person, in accordance with 905.11
(e), not less than five (5) days prior to the hearing. The notice shall advise the appellant that evidence and testimony will be heard, that the appellant may call witnesses and cross examine witnesses against the appellant, and that the Village Administrator may subpoena any person who the appellant reasonably believes can provide competent testimony or evidence on the matter. A copy of such notice, specifying the purpose of the hearing and the time and place thereof at which all interested persons shall be heard, shall also be posted in the Village Hall. Such notice may also be published in one or more newspapers of general circulation in the Village.
Such hearing shall be conducted by the Village Administrator, and shall be conducted in the manner described in the notice. Not more than ten (10) days after the conclusion of such hearing, the Village Administrator shall issue an order confirming, modifying or rescinding the notice of violation or determination on appeal. Any such order shall be a final order, within the meaning of Ohio Revised Code Section. 2506.01, upon the filing of a copy thereof with the Clerk of Council. A copy of such order shall be served as soon as possible, in accordance with 905.11
(e), upon the person requesting the hearing.
(d) 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. 2017-026. Passed 4-18-17.)