In addition to any other penalties set forth in this Chapter 997 and the remedy of specific performance, which may be enforced in a court of competent jurisdiction, the Municipality Administrator may assess an additional penalty of civil forfeiture for failure to comply with any provision of Chapter 997. Such penalty shall be a monetary sum, payable to the Municipality, in the amount of five hundred dollars ($500.00) per twenty-four-hour day of violation and any subsequent portion of a day less than twenty-four hours in length. Prior to assessing said penalty, the Municipality will provide written notice to the provider detailing the failure to comply with a specific provision of Chapter 997. Such notice shall also indicate that said penalty shall be assessed in fifteen calendar days subsequent to the date of receipt if compliance is not achieved. If a provider desires to challenge such penalty, provider must request a public hearing before the Mayor within ten days of service of the notice. Such public hearing shall be held within thirty days of the provider's request. If provider requests such hearing before the Mayor, such penalty shall be temporarily suspended. However, if, after the public hearing, the Mayor determines that provider failed to comply with the specific provision(s) of Chapter 997 referenced in the notice, such penalty shall be assessed starting with the fifteen calendar days after receipt of the notice referenced in this section and continuing each day thereafter until compliance is achieved. The determination of the Mayor shall be final. The provider may file an administrative appeal pursuant to Ohio R.C. Chapter 2506. The penalty shall continue to accrue during the appeal unless the provider obtains a stay and posts a supersedeas bond pursuant to Ohio R.C. 2505.09 or the provider comes into full compliance with Chapter 997.
(Ord. 2019-06. Passed 6-13-19.)