In addition to any other penalties set forth in this Chapter, and the remedy of specific performance, which may be enforced in a court of competent jurisdiction, the Public Service Director may assess an additional penalty of civil forfeiture for failure to comply with any provision of this Chapter. Such penalty shall be a monetary sum, payable to the City, in the amount of Five Hundred Dollars ($500.00) per twenty-four (24) hour day of violation and any subsequent portion of a day less than twenty-four (24) hours in length. Prior to assessing such penalty, the Public Service Director shall provide written notice to the Provider detailing the failure to comply with a specific provision of this Chapter. The notice shall indicate that the penalty shall be assessed in fifteen (15) calendar days subsequent to the date of receipt if compliance is not achieved. If a Provider desires to challenge the penalty, Provider shall request a hearing before the City Manager within ten (10) calendar days of service of the notice. The hearing shall be held within thirty (30) calendar days of the Provider's request. If Provider requests such hearing before the City Manager, the penalty shall be temporarily suspended; however, if, after the hearing, the City Manager determines that Provider failed to comply with the specific provision of this Chapter referenced in the notice, the penalty shall be assessed starting with the fifteen (15) calendar days after receipt of the notice referenced in this section and continuing each day thereafter until compliance is achieved. The determination of the City Manager shall be final. The Provider may file an administrative appeal pursuant to ORC Chapter 2506. The penalty shall continue to accrue during the appeal unless the Provider obtains a stay and posts a supersedes bond pursuant to ORC 2505.09 or the Provider comes into full compliance with this Chapter.
(Ord. 2022-46. Adopted 12/08/22)