1601.99 PENALTY.

   Whoever violates or fails to comply with any provision of this Chapter or any order issued pursuant thereto shall be subject to the following penalties:

   (a)    Criminal Penalties.

      (1)    Whoever violates either Section 1601.15, 1601.23 or 1601.26 is guilty of a misdemeanor of the first degree.

      (2)   Whoever violates either Section 1601.09(a), 1601.11(a), 1601.12(b), or 1601.21 is guilty of a misdemeanor of the second degree.

      (3)    Whoever violates either Section 1601.09(b), 1601.10(b), 1601.11(b), 1601.13(a), 1601.14, 1601.17, or 1601.28 is guilty of a misdemeanor of the third degree.

      (4)    Whoever violates either Section 1601.19, 1601.20(a), 1601.20(b), or 1601.20(c) is guilty of a misdemeanor of the fourth degree.

      (5)   Whoever violates Section 1601.09(c), 1601.18(b), 1601.18(c), 1601.22, or any other section for which no other penalty is provided is guilty of a minor misdemeanor.

         (Ord. 2023-118. Passed 9-5-23.)

   (b)   Civil Penalties.

      (1)   Any person who has received a citation for a serious violation of this Chapter, the Ohio Fire Code or any order issued pursuant to it, shall be assessed a civil penalty of not more than One Thousand Dollars ($1,000.00) for each such violation.

      (2)   Any person who has received a citation for a violation of this Chapter, the Ohio Fire Code or any order issued pursuant to it, and such violation is specifically determined not to be of a serious violation, may be assessed a civil penalty of not more than One Thousand Dollars ($1,000.00) 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 ($1,000.00) for each day during which such failure or violation continues for each such violation.

      (4)   Any person who violates any of the posting requirements, as prescribed in this Chapter, shall be assessed a civil penalty of not more than One Thousand Dollars ($1,000.00) 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 any previous violations shall be given consideration 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 or property 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 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 Berea Municipal Court or the Cuyahoga County Court of Common Pleas.

         (Ord. 2017-184. Passed 11-6-17.)