(a) Any person, firm, entity or corporation, including but not limited to, the owner of the property, his agents and assigns, occupant, property manager, and any contractor or subcontractor who violates or fails to comply with any provision of this regulation is guilty of a misdemeanor of the third degree and shall be fined no more than five hundred dollars ($500.00) or imprisoned for no more than sixty (60) days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(b) Upon notice from the City of Middleburg Heights Engineer or their designee, 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 of Middleburg Heights Engineer may require that work be stopped upon verbal order pending issuance of the written order.
(c) The imposition of any other penalties provided herein shall not preclude the City of Middleburg Heights 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, ordinances, rules or regulations, or the orders of the City of Middleburg Heights.
(Ord. 2008-18. Passed 2-26-08.)