2007-124 Ordinance - Laserfiche WebLink

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?. ? disobeying, omitting, neglecting or refusing to comply with any of the provisions of this Chapter. (2) The civil violation shall be in the form of a civil forfeiture and shall be in an amount payable to the City of not less than $100.00 nor more than $500.00 for each offense. A separate and distinct offense shall be deemed committed each day on which a violation occurs or continues. (3) An action for civil forfeiture shall be commenced by providing the Service Provider and/or Contractor with written notice describing in reasonable detail the Service Provider's or Contractor's alleged violation of one or more provisions of this Chapter and the amount of the penalty that will be assessed against it. (4) The Service Provider and/or Contractor shall have fifteen (15) days subsequent to receipt of the notice of violation in which to correct the violation before the City may assess penalties against the Service Provider and/or Contractor. The time in which to cure the violation may be extended by the City if additional time is required to correct the violation; provided that the Service Provider or Contractor commences corrective action within seven (7) days of the notice of violation and proceeds with reasonable diligence. (5) The Service Provider or Contractor may dispute the alleged violation by providing the City with written notice within five (5) days of receipt of the notice of violation, setting forth in reasonable detail the reasons for its dispute. The City shall set a date for hearing of the alleged violation no sooner than thirty (30) days and no later than sixty (60) days from receipt of the notice of dispute. (6) The City shall issue a written decision on the Service Provider's alleged violation within thirty (30) days of the hearing, which decision shall be final and subject to the administrative appeal procedures under Ohio law, If the City finds after hearing that the alleged violation(s) did occur, the penalty shall be assessed starting fifteen (15) days from the notice of violation and shall continue until the violation has been corrected. (c) EQuitable Remedies. The imposition of any penalty shall not preclude the Director of Law from instituting an appropriate action or proceeding in a court of proper jurisdiction to prevent an unlawful repair or maintenance; or to restrain, correct or abate a violation; or to prevent the Occupancy or Use of the Right-of-Way or to require compliance with the provisions of this Chapter or other applicable laws, ordinances, rules or regulations or the orders or determination of the City, including but not limited to civil violatioris and forfeiture as provided. 25 512729-1