(A) 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 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 Zoning Inspector may make an initial finding of a civil violation by the service provider 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 nor more than $500 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 providing the service provider with written notice describing in reasonable detail the service provider's alleged violation of one or more provisions of this chapter and the amount of the penalty that will be assessed against it.
(4) The service provider shall have 15 days subsequent to receipt of the notice of violation in which to correct the violation before the village may assess penalties against the service provider. The time in which to cure the violation may be extended by the village if, in the village's sole discretion, it determines that additional time is required to correct the violation; provided that the service provider commences corrective action within seven days of the notice of violation and proceeds with reasonable diligence.
(5) The service provider may dispute the alleged violation by providing the village with written notice within five days of receipt of the notice of violation, setting forth in reasonable detail the reasons for its dispute. The village shall set a date for hearing of the alleged violation before the Planning Commission no sooner than 30 days after the hearing, which decision shall be final and subject to the administrative appeal procedures under Ohio law. If the village finds after hearing that the alleged violations did occur, the penalty shall be assessed starting 15 days from the notice of violation and shall continue until the violation has been corrected.
(C) The village shall issue a written decision on the service provider's alleged violation within 30 days after the hearing, which decision shall be final and subject to the administrative appeal procedures under Ohio law. If the village finds after the hearing that the alleged violations did occur, the penalty shall be assessed starting 15 days from the notice of violation and shall continue until the violation has been corrected.
(D) Nothing in this chapter shall be construed as limiting any administrative or judicial remedies that the village may have, at law or in equity, or enforcement of this chapter.
(Ord. 2019-O-6, passed 5-9-19)