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 city
may assess an additional penalty of civil forfeiture for failure to comply with any
provision of this title. Such penalty shall be a monetary sum, payable to the city,
in the amount of $500.00 per 24-hour day of violation and any subsequent portion of
a day less than 24 hours in length. Prior to assessing said penalty, the city will
provide written notice to the provider detailing the failure to comply with a specific
provision of this title. Such notice shall also indicate that said penalty shall be
assessed in 15 calendar days subsequent to the date of receipt if compliance is not
achieved. If a provider desires to challenge such penalty, provider must request a
hearing before the mayor within ten calendar days of service of the notice. Such hearing
shall be held within 30 calendar days of the provider's request if provider requests
such hearing before the mayor, such penalty shall be temporarily suspended. However,
if after the hearing, the mayor determines that provider failed to comply with the
specific provision(s) of this chapter referenced in the notice; such penalty shall
be assessed starting with the 15 calendar days after receipt of the notice referenced
in this section and continuing each calendar day thereafter until compliance is achieved.
The determination of the mayor shall be final. The provider may file an administrative
appeal pursuant to Section 2506 of the Ohio Revised Code. The penalty shall continue
to accrue during the appeal unless the provider obtains a stay and posts a supersede
as bond pursuant to Section 2505.09 of the Ohio Revised Code or the provider comes
into full compliance with this chapter.
(Ord. No. 0-149-18, § I, 12-10-2018)
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