In addition to any other penalties set forth in this chapter, and the remedy of specific performance or other remedies, which may be enforced in a court of competent jurisdiction, the Public Works Director may assess an additional penalty of civil forfeiture for failure to comply with any provision of this chapter. Said penalty shall be a monetary sum, payable to the city, 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 Public Works Director shall provide written notice to the provider detailing the failure to comply with a specific provision of this chapter. Said notice shall indicate that said penalty shall be assessed in 15 calendar days after service of the notice if compliance is not achieved. If a provider desires to challenge said penalty, provider shall request a hearing before the Board of Review by filing a request for appeal with the Office of the Clerk of Council within ten days of service of the notice. Said hearing shall be held within 30 days of the provider's request. If provider requests such hearing before the Board of Review, said penalty shall be temporarily suspended. However, if, after the hearing, the Board of Review determines that provider failed to comply with the specific provision of this chapter referenced in the notice, said penalty shall be assessed starting 15 calendar days after service of the notice referenced in this section and continuing for each day thereafter until compliance is achieved. The determination of the Board of Review shall be a final administrative decision appealable as provided in the Ohio Revised Code for administrative decisions.
(Ord. 10-2001, passed 9-5-01) Penalty, see § 51.99