(a) Criminal penalties; equitable remedies.
(1) No person shall knowingly violate any provision of this Fire Prevention Code or any order issued pursuant thereto. A person who commits such violation is guilty of a misdemeanor of the first degree and shall be fined not more than $1,000 or imprisoned not more than six months, or both, for each offense.
(2) No person shall fail to comply with the fire prevention measures or fire protection activities prescribed in this Fire Prevention Code, or fail to obtain a permit or license for the various uses or activities as required by such Code, or fail to comply with the application and plan submission and processing requirements, including payment of the fees designated therefor. A person who commits any such violation is guilty of a misdemeanor of the third degree and shall be fined not more than $500 or imprisoned not more than 60 days, or both, for each offense.
(3) Except as otherwise provided in divisions (a)(1) and (a)(2) hereof, any person who shall violate any of the provisions of this Fire Prevention Code, or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance, respectively, be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250 or imprisoned not more than 30 days, or both, for each offense.
(4) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. When not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense.
(5) The Director of Law shall, immediately upon a violation of this Code having been called to his or her attention, institute injunction, mandamus, abatement or other appropriate action to prevent, enjoin, abate or remove anything in violation of this Code. This duty shall be in addition to his or her duty to prosecute for any violation of this Code.
(6) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions or prevent the city from seeking civil penalties as provided for in division (b) hereof.
(b) Civil penalties.
(1) 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 $1,000 for each such violation.
(2) 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 $1,000 for each day during which such failure or violation continues.
(3) Any person who violates any of the posting requirements prescribed by § 1610.06(d) shall be assessed a civil penalty of not more than $1,000 for each violation.
(4) 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 division (b).
(5) For the purposes of this division (b), 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.
(6) Civil penalties imposed under this division (b) shall be paid to the Director of Finance 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. 1988-192, passed 10-3-1988)
Statutory reference:
Civil penalty for violations, see R.C. § 3737.51(B) - (H))