(a) Civil. In addition to any other penalty provided herein, in the event that work performed does not conform with the provisions of the Protected Area permit, a written notice to comply shall be served upon the architect, owner, developer, builder, contractor and/or occupant. Such notice shall set forth the nature of the correction required and the time within which correction shall be made. Failure to comply with such notice shall result in the issuance of a stop work order applicable to all activity except that necessary for correction of the violation. Upon correction of the violation, the stop work order shall be voided and all permitted activity may resume.
If the Zoning Administrator concludes that the issuance of additional corrective notices would be futile, any bonds or cash deposits posted with the City shall be forfeited, whereupon such security shall be used for completion of the Protected Area permit as approved. Any additional costs incurred by the City may be certified to Council for certification to the County Auditor for placement as a lien up on the property under authority of Ohio R.C. 715.47.
(b) Criminal. The owner or owners of any land or part thereof, where anything in violation of this chapter shall be placed or shall exist and any developer, architect, owner, developer, builder, contractor, and/or occupant, and all persons or corporations who violate any provisions of this chapter or fail to comply herewith or who build or otherwise develop in violation of the provisions of this chapter shall, for each and every violation or noncompliance, be fined not more than two hundred fifty dollars ($250.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(c) In addition to any other penalties provided herein, in the event of noncompliance with the provisions of this chapter, the Law Director shall be authorized to institute an appropriation action at law if the Zoning Administrator, alone or in consultation with other professionals, determines that a real and present emergency exists that is detrimental to the public health, safety or general welfare.
(Ord. 2008-15. Passed 6-12-08.)