1620.99  PENALTY.
   (a)   Criminal Penalties.
      (1)   Except as otherwise provided in this Fire Prevention Code, whoever violates Section 1610.02 of this Fire Prevention Code, from which no appeal has been taken, or fails to comply with an order affirmed or modified at a hearing on a citation or by a court of competent jurisdiction, is severally, for each and every such violation and noncompliance respectively, 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, for each offense. A separate offense shall be deemed committed each ten days that prohibited conditions are maintained.
      (2)   Whoever violates Section 1640.08(b) or 1640.09 of this Fire Prevention Code is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense.
      (3)   Whoever violates Section 1620.04, 1620.05(c), 1620.08(b), 1620.09(d) or 1640.10 of this Fire Prevention Code is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for each offense.
      (4)   Whoever violates Section 1640.11 of this Fire Prevention Code is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned for not more than sixty days, or both, for each offense.
      (5)   Conviction of a violation of this Fire Prevention Code shall not excuse the violation or permit it to continue or prevent the enforced abatement of such violation or the removal of prohibited conditions or materials.
      (6)   Prosecution of a violation of this Fire Prevention Code shall be in addition to and not in lieu of any civil penalties assessed pursuant to this Fire Prevention Code.
   (b)   Civil Penalties.
      (1)   Any person who has received a citation for a serious violation of the Ohio Fire Code or any order issued pursuant to it 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 the Ohio Fire Code or any order issued pursuant to it, 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, as prescribed by Section 1620.06(b), 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 Fire Prevention Code.
      (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 by this chapter shall be paid to the Director of Finance for deposit into the General Fund. The amount of civil penalties collected, less administrative costs of collection, shall be earmarked for the Fire Fund in the Municipal budget for the year following collection of the penalties. Such penalties may be recovered in a civil action brought by the City in the Court of Common Pleas. 
(Ord. 28-1987.  Passed 5-11-87.)