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<br />(4) Any person who violates any of the posting requirements, as prescribed <br />by Section 1501.04(c), shall be assessed a civil penalty of not more than one <br />thousand dollars ($1,000) for each violation. <br /> <br />(5) Due consideration to the appropriateness of the penalty with respect to <br />the gravity of the violation, the good faith of the person being charged, and the <br />history of previous violations shall be given whenever a penalty is assessed <br />under this chapter. <br /> <br />(6) For purposes of this section, a serious violation shall be considered to <br />exist if there is a substantial probability that an occurrence causing death or <br />serious physical harm to persons could result from a condition which exists., or <br />from one or more practices, means, methods, operations or processes which <br />have been adopted or are in use, unless the person did not and could not with <br />the exercise of reasonable diligence, know of the presence of the violation. <br /> <br />(7) Civil penalties imposed by this chapter shall be paid to the Finance <br />Director for deposit into the General Revenue Fund. Such penalties may be <br />recovered in a civil action in the name of the Municipality brought in the Court of <br />Common Pleas. <br /> <br />is hereby amended to read as follows: <br /> <br />1501.99 PENALTY <br /> <br />(a) Criminal Penalties <br />(1) Whoever violates Section 1501.05(a) is guilty of a misdemeanor of the <br />first degree. <br /> <br />2) Whoever violates Sections 1501.05(b) or 1501.06 is guilty of a minor <br />misdemeanor. <br /> <br />(3) Whoever violates Sections 1501.07 or 1501.09 is guilty of a misdemeanor <br />of the fourth degree. <br /> <br />(4) Whoever violates Sections 1501.08 or 1501.10 is guilty of a misdemeanor <br />of the third degree. <br /> <br />(S) Whoever violates Section 1501.15 is guilty of a misdemeanor of the fourth <br />degree for a first offense and shall be guilty of a misdemeanor of the first degree <br />for a second or subsequent offense within one year of any prior offense. <br /> <br />(6) Whoever violates Section 1501.17 is guilty of a minor misdemeanor. <br /> <br />(b) Civil Penalties <br /> <br />Section 2. It is found and determined that all formal actions of this Council <br />