(a) Judicial Remedies: If any owner/operator violates any provision or fails to comply with any of the requirements of this regulation, the Director of Public Service or his designee, through the Director of Law, may commence an action for appropriate legal and equitable relief in the Municipal Court or other appropriate court.
(b) Court Injunctive Relief: It shall be unlawful for any owner/operator to violate any provision or fail to comply with any of the requirements of this regulation pursuant to Ohio R.C. 3709.211. If an owner/operator has violated or continues to violate the provisions of this regulation, the Director of Public Service or his designee may petition for a preliminary or permanent injunction restraining the owner/operator from activities that would create further violations or compelling the owner/operator to perform abatement or remediation of the violation.
(c) Public Nuisances: Any violation of the requirements of this regulation is hereby declared a public nuisance and shall be corrected or abated as instructed by the Director of Public Service or his designee. Any person(s) creating a public nuisance shall be subject to the provisions of this section and shall be responsible for reimbursing the City for any costs included by the City in removing, abating, or remedying such nuisance.
(d) Civil Penalties: Any person who has violated or continues to violate this regulation or any order issued hereunder shall be liable to the City for a civil penalty of not more than one thousand dollars ($1,000) plus actual damages incurred by the City per violation, per day for as long as the violation continues. In addition to the above described penalty and damages, the City may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
The Director of Public Service or his designee shall petition the appropriate court to impose, assess, and recover such sums. In determining the amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the owner/operators violation, corrective action by the owner/operator, compliance history of the owner/operator, and any other factors as may be appropriate.
(e) Criminal Prosecutions: Any owner/operator who violates any provision of this regulation or any orders issued hereunder shall, upon conviction, be guilty of a misdemeanor of the first degree, and each violation and/or day a violation occurs or continues shall constitute a separate offense.
(Ord. 2007-139. Passed 11-13-07.)