(A) Responsible violators. The persons responsible for violations of § 94.11 are identified as follows:
(1) At private residences. Any adult resident present at the time of the offense, and any adult guest or adult trespasser with the ability to control the use of construction tools and equipment at the time of the offense when no adult resident is present at the time of the offense.
(2) At nonresidential locations. Any property owner, director, operator, manager, employee in charge, and all persons in control or possession of the construction tools and equipment at the time of the offense.
(3) At any location with unattended construction tools and equipment. Any person who leaves unattended any construction tools and equipment, which thereafter continue to operate during the time prohibited by this section.
(B) Warning. Any person or persons violating this subchapter shall first be warned of the unlawfulness of such activity and be given a reasonable opportunity to discontinue such activity prior to being subject to further enforcement action. Only one warning shall be issued per occurrence. Not more than one warning shall be necessary during any 24-hour period for any construction site.
(C) Enforcement remedies. In the event that the violation is not abated as ordered and within the time specified, the village may abate such violation by one or more of the methods listed below. Each time the violation is not abated as directed shall be considered a separate violation.
(1) Issuance of a citation, subject to the applicable fines set forth in § 94.99(D).
(2) Undertaking a public abatement of the violation and assessment of costs thereof.
(3) Remedied by means of a civil court proceeding or any other lawful process pursuant to the Ohio Revised Code.
(Ord. 03-06, passed 1-30-06)