(a) Whoever violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the first degree and shall be fined no more than one thousand dollars ($1,000.00) or imprisoned for no more than one hundred eighty (180) days, or both, for each offense.
(b) A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(c) Upon notice from the City Engineer, or designated representative, that work is being performed contrary to this regulation, such work shall immediately stop. Such notice shall be in writing and shall be given to the owner or person responsible for the development area, or person performing the work, and shall state the conditions under which such work may be resumed; provided, however, in instances where immediate action is deemed necessary for public safety or the public interest, the City Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(d) In the event the City Engineer does not receive the inspection report required under Section 1531.09, the City Engineer or the City Engineer's designee, may provide written notification to any land owner, or where applicable, lessee, agent, tenant or other person having charge of such lands of non-compliance with said ordinance. Said notification shall give any landowner, lessee, agent, tenant or other person up to a maximum of thirty days (30) days after receipt of the notice, to abate the violation and submit the required inspection report. Upon the request of the land owner, or where applicable, a lessee, agent, tenant or other person having charge of such lands, the City Engineer may, upon a showing of good cause, (in the sole discretion of the City Engineer) grant an extension of time for submission. The failure of the City to Engineer to provide a written notification authorized by this section shall not constitute a waiver of the land owner or other responsible party to proved the inspection reports required Section 1531.09.
(e) When the City Engineer, or designee, has not received an inspection report required by this Chapter, the City Engineer may direct any City department, employee, or agent to take such action as may be reasonably necessary to perform the inspections and produce the inspections reports required by this Chapter, to perform such maintenance, repairs and improvements called for in the inspection report, and to abate or remediate any nuisance or other condition resulting from the non-submittal of the required report or as the result of the failure to perform any repair, improvement or maintenance provided for in any inspection report. The costs incurred by the City of Lorain, directly or indirectly, for inspection, abatement or remediation shall be certified in an amount equal to the actual costs and expenses incurred by the City, including, but not limited to, the cost of manpower and equipment used to perform the inspections, perform an required maintenance, repair or improvement, or to abate or remediate any nuisance or other condition, plus an administrative fee of three hundred dollars ($300.00). At the direction of the City
Engineer, an invoice for the costs incurred by the City and the administrative fee shall be issued to the property owner or his agent for payment. In the event the payment is not received within ten (10) days thereafter, the Safety/Service Director shall notify Council which shall take actions necessary to perfect the charges and costs as a tax lien pursuant to Ohio R.C. 731.54.
(f) The imposition of any other penalties provided herein shall not preclude the City, by or through its Law Director and/or any of the Law Director's assistants or outside council, from instituting an appropriate action or proceeding in a Court of Proper Jurisdiction to prevent an unlawful development or to restrain, correct or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, or ordinances, rules or regulations or the orders of the City Engineer.
(Ord. 167-19. Passed 12-16-19.)