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-5- <br /> <br />(s) <br /> <br />Due consideration to the appropriateness of the penalty <br />with respect to the gravity of the violation, the good <br />faith of the person being charged, and the history of <br />previous violations shall be given whenever a penalty <br />is assessed under this chapter. <br /> <br />(6) <br /> <br />(7) <br /> <br />For purposes of this section, a serious violation shall <br />be considered to exist if there is a substantial <br />probability that an occurrence causing death or serious <br />physical harm to persons could result from a condition <br />which exists, or from one or more practices, means, <br />methods, operations or processes which have been adopted <br />or are in use, unless the person did not and could not <br />with the exercise of reasonable diligence, know of the <br />presence of the violation. <br /> <br />Civil penalties imposed by this chapter shall be paid <br />to the Finance Director for deposit into the General <br />Revenue Fund. Such penalties may be recovered in a <br />civil action in the name of the City brought in the <br />Court of Common Pleas. (ORC 3737.51(B) to (H)) <br /> <br />Adop ted~z~~J / ~/?/~ <br /> <br /> Section 2. That this ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and provided it receives <br />the affirmative vote of two-thirds of all members elected to Council, it shall <br />take effect and be in force immediately upon its adoption and approval by the <br />Mayor; otherwise i.t shall take effect and be in force after the earliest period <br />allowed bylaw. ~~. ~x~/~/~/~~/~ <br /> <br />Approved: <br /> <br />~ // - 'Msident ~? <br /> <br />/× , <br /> <br /> <br />