(a) Criminal Penalties.
(1) Whoever violates Section 1501.10(a), or any provision of this chapter for which no other penalty is provided, is guilty of a misdemeanor of the first degree.
(O.R.C. 3737.99(B))
(O.R.C. 3737.99(C))
(O.R.C. 3737.99(D))
(O.R.C. 3737.99(E))
(b) Civil Penalties.
(1) Any person who has received a citation for a serious violation of the Fire Prevention 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 Fire Prevention 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 a 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 1501.09(c), shall be assessed a civil penalty of not more than one thousand dollars ($1,000) for each violation.
(5) Whoever commits contemptuous conduct as provided for in Section 1501.06 shall be subject to a civil penalty of one hundred dollars ($100.00) for each day during which said conduct continues and may be committed by the court to the County Jail until that person is willing to comply with the order of the Fire Investigator.
(6) 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 the previous violations shall be given whenever a penalty is assessed under this chapter.
(7) 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.
(8) Civil penalties imposed by this chapter shall be paid to the Municipal Chief Fiscal Officer for deposit into the General Revenue Fund. Such penalties may be recovered in a civil action in the name of the Municipality brought in the Court of Common Pleas.
(O.R.C. 3737.51(B) to (H); Ord. 02-37 AC. Passed 4-15-02; Ord. 05- 22AC. Passed 5-2-05.)