In addition to any other penalties set forth in this Chapter 95 and the remedy of specific performance, which may be enforced in a court of competent jurisdiction, the Mayor may assess an additional penalty of civil forfeiture for failure to comply with any provision of Chapter 95. Such penalty shall be a monetary sum, payable to the Village, in the amount of $500 per 24-hour day of violation and any subsequent portion of a day less than 24 hours in length. Prior to assessing said penalty, the Village will provide written notice to the provider detailing the failure to comply with a specific provision of Chapter 95. Such notice shall also indicate that said penalty shall be assessed in 15 calendar days subsequent to the date of receipt if compliance is not achieved. If a provider desires to challenge such penalty, provider must request a public hearing before the Village Council within ten days of service of the notice. Such public hearing shall be held within 30 days of the provider's request. If provider requests such hearing before the Village Council, such penalty shall be temporarily suspended. However, if, after the public hearing, the Village Council determines that provider failed to comply with the specific provision(s) of Chapter 95 referenced in the notice, such penalty shall be assessed starting with the 15 calendar days after receipt of the notice referenced in this section and continuing each day thereafter until compliance is achieved. The determination of the Village Council shall be final. The provider may file an administrative appeal pursuant to R.C. Chapter 2506. The penalty shall continue to accrue during the appeal unless the provider obtains a stay and posts a supersedeas bond pursuant to R.C. § 2505.09 or the provider comes into full compliance with Chapter 95.
(Ord. O-2204-09, passed 10-19-09)