(a) Any person who violates or fails to comply with any provision of this chapter, or any rule or regulation promulgated hereunder, or is not operating under a permit issue under Chapter 1547 that permits composting shall be subject to the criminal and civil penalties hereinafter set forth.
(b) The City of Lorain is authorized to enforce this section and rules and regulations promulgated thereunder and to administer this section and to jointly adopt and promulgate reasonable rules and regulations pertaining to the administration and enforcement of this section.
(c) Criminal Penalties.
(1) Penalty is hereby established whereby any person who shall violate any provision of this chapter shall be deemed guilty of a minor misdemeanor. Each day after notification was given for violation for any particular section of this chapter shall constitute a separable offense for the purpose of the City's enforcement of this chapter. A culpable mental state is not required to prove an offense under this chapter. Any subsequent violation shall be a misdemeanor of the fourth degree.
(2) Any person who maintains, commits, or fails to abate a public nuisance or other violation as required under the provisions of this chapter shall be subject Penalties are hereby established whereby any person who violates any provision of this chapter and fails to abate the nuisance or remediate the violation in accordance with the order of the Safety Service Director or the City's Enforcement Officer shall be deemed guilty of criminal conduct as hereinafter set forth:
A. In the event the estimated cost to abate the nuisance or otherwise remediate the violation is five hundred dollars ($500.00) or less the person shall be guilty of minor misdemeanor. Each day the nuisance has not been abated or other violation has not been remediated after the date set forth by which the violation was to be remediated or the nuisance abated in the notice provided by the Safety Service Director or the City's Enforcement Officer shall constitute a separable offense for the purpose of the City's enforcement of this chapter. A culpable mental state is not required to prove an offense under this chapter.
B. In the event the estimated cost to abate the nuisance or otherwise remediate the violation is more than five hundred dollars ($500.00) but less than five thousand dollars ($5,000.00), the person shall be guilty of a misdemeanor of the second degree. Each day the nuisance has not been abated or other violation has not been remediated after the date set forth by which the violation was to be remediated or the nuisance abated in the notice provided by the Safety Service Director or the City's Enforcement Officer shall constitute a separable offense for the purpose of the City's enforcement of this chapter. A culpable mental state is not required to prove an offense under this chapter.
C. In the event the estimated cost to abate the nuisance or otherwise remediate the violation is five thousand dollars ($5,000.00) or more, the person shall be guilty of a misdemeanor of the first degree. Each day the nuisance has not been abated or other violation has not been remediated after the date set forth by which the violation was to be remediated or the nuisance abated in the notice provided by the Safety Service Director or the City's Enforcement Officer shall constitute a separable offense for the purpose of the City's enforcement of this chapter. A culpable mental state is not required to prove an offense under this chapter.
(d) Civil Penalties. In addition to any criminal enforcement, the City Attorney is authorized to petition any court of competent jurisdiction for an injunction to enjoin the continuance of such violation. This remedy shall be cumulative of and to all other enforcement powers granted to the City by any ordinance, or by the laws of the State.
(Ord. 98-18. Passed 7-16-18.)