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Penalties and Remedies Section 1121.01 Civil Action Whenever any person neglects or refuses to comply with any order of the Building Commissioner issued pursuant to the authority vested in him, or whenever any land or building is being built or used so as to be in violation of or not in conformity with any provision of the Zoning Code, the Building Commissioner may, in his discretion, request the Director of Law to institute and maintain in the name of the City an appropriate action at law or in equity to restrain such person from the further building or use of the land or buildings which are in violation of the Zoning Code, or for an order to terminate any violation of this Code. Section 1121.02 Remedies Cumulative The exercise of the rights and remedies granted in Sections 1121.01 and 1121.99 shall in no way preclude or limit the City or any person from exercising any other right or remedy now or hereafter granted to them or either of them under the laws of Ohio or the ordinances of the City. Section 1121.03 Penalties A. Minor Misdemeanor. Any person, including but not limited to the owner,` occupant or operator of any real property, building or premises, or a part thereof, who is or has been in title, possession, use or occupancy of said property and where there exists any violation of this Zoning Code, shall be guilty of a minor misdemeanor, subject to penalties of not more than $150.00 for each and every violation. Further, each and every day of violation shall constitute a separate offense and such penalty may be imposed for each and every day that such violation is found to persist. B. Mandatory Per Diem Penalty upon Failure to Comply. In addition to such offenses in (A), upon the observation of the commission of any such violation, it shall be a violation for any person to fail to comply with any of the provisions of this Zoning Code, or any requirements thereof, or to fail to abate any violation in compliance with any lawful order issued by the Building Commissioner or the Building and Zoning Board of Appeals, within the time specified in such order, and for each and every violation or noncompliance, shall be guilty of a minor misdemeanor and shall be fined not less than $49.00 for each and every day during which such noncompliance persists after such person's failure to abate or comply in response to said lawful order and notification. C. Mandatory Penalty upon Violation of Final Approved Development Plan. In addition to such offenses as may be charged under Subsection A and B, any person who violates Section 1126.10 of this Zoning Code, Compliance with Approved Plans, shall be fined $100.00 per day for the first five (5) days of his violation of said Section 1126. 10, and $250.00 per day for every subsequent day of violation. For purposes of this paragraph, each day during which such violation continues shall constitute a separate violation of said Section 1126.10. D. Enhancement of Penalty upon Proof of Prior Conviction. Any person who is found to be Guilty of and convicted for violation of any of the provisions of this Zoning Code, pursuant to Subsections A, B or C above, upon subsequent violation within ten (10) years, shall be guilty of a misdemeanor of the fourth degree and shall be fined not more than $250.00 and subject to imprisonment of not more than 30 days, or both, for each and every violation and day that the violation continues to exist after lawful order and notification. Further, if a person was previously convicted of a violation of any provision of this Zoning Code within one year prior to the date of the subsequent violation, then such person shall be guilty of a misdemeanor of Page 1121-1 City of North Olmsted Zoning Code