1744.99 PENALTY.
(b) All violations of this chapter are subject to written citations. Written citations received by group home operators serve as notice of violations of this chapter. Written citations for violations that present an immediate and serious threat to the physical or emotional health, safety, or security of group home residents shall be subject to immediate fines; an immediate and serious threat shall include evidence of physical or mental abuse of residents, lack of heat, water, or electricity in the home, temperature extremes likely to result in injury or death to residents, lack of trained staff to supervise the residents of a home, insufficient supply of food or neglect of a serious medical condition requiring immediate treatment.
(c) No fines shall be issued for the first citation of any violation that does not present an immediate and serious threat. The Health Commissioner or his designated representative shall conduct a follow-up inspection, no sooner than fourteen days nor more than thirty days after the operator receives the written inspection report by certified mail, to determine if a violation has been corrected. Citations from a previous inspection which are not corrected by the time of a follow-up inspection are subject to fines. The fines shall remain in effect until the violation is corrected.
(d) First citations based on violations that present an immediate and serious threat to the physical or emotional health, safety, or security of group home residents shall be subject to a fine not to exceed five hundred dollars ($500.00) per incident and/or begin the process of revoking the home's license. If the Health Commissioner or his/her designated representative conducts a follow-up inspection and finds that the violation has not been corrected, he/she may increase the amount of the fine to one thousand dollars ($1,000) and/or begin the process of revoking the home's license.
(e) Citations based on violations which do not present an immediate and serious threat to the physical or emotional health, safety or security of group home residents but are not corrected by a home operator prior to a follow-up inspection shall be subject to a fine not to exceed one hundred dollars ($100.00). If the violation remains uncorrected at the time of an additional follow-up inspection, the Health Commissioner may increase the amount of the fine to two hundred dollars ($200.00).
(f) Fines received by the Health Commissioner under this section shall be subject to review and enforcement by the Youngstown Municipal Court.
(g) Failure to appeal or pay fines within thirty days will result in license revocation.
(Ord. 98-88. Passed 3-4-98.)