173.10 MISREPRESENTATION OR FALSIFICATION.

   (a)   Any person who intentionally misrepresents himself/herself as owning, controlling, operating or participating in an MBE or DBE for the purpose of obtaining contracts, subcontracts or any other benefits under this chapter shall be guilty of theft by deception as provided in Ohio R.C. 2913.02 or in a substantially similar provision in the Codified Ordinances of the City.

   (b)   No person shall knowingly make a false statement, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this chapter, or knowingly swear or affirm the truth of a false statement previously made, or make such a falsification with purpose to mislead a public official in performing his official function. Whoever violates this subsection is guilty of a misdemeanor of the fourth degree on a first offense; on each subsequent offense such person is guilty of a misdemeanor of the third degree. (Ord. 93-001. Passed 1-5-93.)

173.11 TIME REQUIREMENTS AND PROCEDURE FOR NONCOMPLIANCE.

   (a)   Whenever the MBE Officer determines a contractor to be in violation of a provision of this chapter, he/she shall issue a written finding setting forth such determination and the basis of his decision, together with notice to the contractor of the right to object to the finding. Such written finding shall be served upon the contractor by certified mail at such contractor's last known address or by hand delivery. Any contractor taking exception to a finding of the MBE Officer first shall attempt, within seven working days, to reconcile the situation with the MBE Officer. A good faith attempt to achieve informal reconciliation is a prerequisite to the contractor filing a written objection with the City's MBE Officer.

   (b)   If, after attempting to reconcile the violation by informal means, the situation is not alleviated, within seven working days, a contractor may file a written objection with the City's Public Works Director. Thereupon, the MBE Officer shall, within seven days, forward to the City's Public Works Director all materials relating to the determination which is appealed, together with recommendations of appropriate remedial action to be taken.

   (c)   If the MBE Officer finds a contractor to be in violation of this chapter and no reconciliation is attempted by the contractor within fifteen days of the receipt by the contractor of the written finding, the MBE Officer shall forthwith forward his finding to the City's Public Works Director along with any recommendation of appropriate remedial action to be taken.

   (d)   Under the direction of and upon authorization from the City, the MBE Officer shall determine when a violation of this section exists and when the attempts at reconciliation taken by the contractor will not reasonably alleviate the situation.

(Ord. 93-001. Passed 1-5-93.)

173.12 ENFORCEMENT.

   Whenever the MBE Officer is satisfied that a contractor is in violation of the provisions of this chapter, he may serve a written notice upon the violator which notice shall contain a brief and concise statement of the violation and shall order correction of the condition that is in violation, within ten days of such extended time as such officer may determine to be appropriate.

   The notice shall also advise the contractor or other responsible person that the order may be appealed under the provisions of this chapter or any applicable appeal provision of the Ohio Revised Code.

   Service of the notice shall be made by certified mail or personally upon the contractor or the person responsible on the contractor's behalf. Service shall be considered made upon date of mailing.

   Any contractor or other responsible person aggrieved by an order issued pursuant to provisions of this chapter may appeal such order to the City's Safety Director who is hereby designated as the officer by whom the hearing is conducted. The Safety Director shall serve written notice, by personal delivery or by certified mail, upon the person appealing, of the time, date and place of the appeal hearing which shall be within ten days of the filing of the appeal provided that notice of the hearing date must be served on the appellant not less than five days prior to the hearing date set. The Safety Director shall have authority to grant one continuance of the date of hearing, upon application of the appellant and for good cause shown, which continuance shall not exceed twenty days. Failure of the appellant to appear at the time and place set for the hearing shall be deemed a withdrawal of the appeal and the Safety Director shall affirm the order of the MBE Officer.

   Within five days from the date of the hearing, the Safety Director shall render his decision in writing to all the parties. The Safety Director may order any appropriate relief including rescission or cancellation of a contract and/or removal from a certification or bidders listing. The decision of the Safety Director shall be a final administrative order and the party adversely affected thereby may seek judicial appeal according to law.

(Ord. 93-001. Passed 1-5-93.)

173.99 PENALTY.

   Whoever violates any provision of this chapter, for which violation no penalty is otherwise provided, or fails to comply with any lawful order issued pursuant thereto, is guilty of a misdemeanor of the first degree and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both.

(Ord. 93-001. Passed 1-5-93.)