1610.99 PENALTY.

   a)   Criminal Penalties.

      (1)   Whoever violates Section 1610.06(a) or 1610.16(a) is guilty of a misdemeanor of the first degree.

      (2)   Whoever violates Section 1610.06(b), 1610.08, 1610.14, 1610.15(d) or 1610.21 is guilty of a minor misdemeanor.

      (3)   Whoever violates Section 1610.09, 1610.11 or 1610.16(b) is guilty of a misdemeanor of the fourth degree.

      (4)   Whoever violates Section 1610.10, 1610.12 or 1610.17 is guilty of a misdemeanor of the third degree.

      (5)   Sentencing under this section shall be in accordance with Section 698.02.

   (b)   Civil Penalties.

      (1)   Any person who has received a citation for a serious violation of a provision of any of the standards adopted in Section 1610.01, or any order issued pursuant thereto, shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.

      (2)   Any person who has received a citation for a violation of a provision of any of the standards adopted in Section 1610.01, or any order issued pursuant thereto, and such violation is specifically determined not to be of a serious nature, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each such violation.

      (3)   Any person who fails to correct a violation for which a citation has been issued, within the period permitted for its correction, may be assessed a civil penalty of not more than one thousand dollars ($1,000) for each day during which such failure or violation continues.

      (4)   Any person who violates any of the posting requirements prescribed by Section 1610.05(d) shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.

      (5)   Due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the person being charged and the history of previous violations shall be given whenever a penalty is assessed under this chapter.

      (6)   For purposes of this section, a serious violation shall be considered to exist if there is a substantial probability that an occurrence causing death or serious physical harm to persons could result from a condition which exists, or from one or more practices, means, methods, operations or processes which have been adopted or are in use, unless the person did not and could not, with the exercise of reasonable diligence, know of the presence of the violation.

      (7)   Civil penalties imposed under this chapter shall be paid to the Director of Legislative Services for deposit into the General Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.

(Ord. 05-13. Passed 3-15-05.)