§ 111.149.1. Noncompliance; penalty.

A.

If an order has not been complied with at the expiration of the five (5) business day period provided for in the notice and order to comply, the following shall occur:

1.

Any donation box license issued for that donation box shall be revoked by the City license clerk without further hearing, notwithstanding the provisions of Section 110.02 of this Code.

2.

The director or his/her agent is authorized to remedy the violating condition, up to and including removing the donation box and its contents from the property, at the sole expense of the interested parties.

3.

An administrative penalty shall be imposed upon the interested parties in the amount of two hundred fifty dollars ($250.00) per order.

B.

All interested parties shall be jointly and severally liable for any administrative penalties imposed and any and all expenses incurred by the City in remedying the violating condition and/or removing the donation box and its contents under this chapter (together the "charges").

C.

All charges incurred shall be reported to the director of finance, who shall mail a statement of the charges to all interested parties at the addresses provided for in Section 111.148(A). If, after thirty (30) days, the charges remains unpaid, the director of finance may certify the property owner's name, the total amount of the charges, and a sufficient description of the property to the summit county fiscal officer to be entered upon the tax duplicate to be a lien on the land from the date of entry, to be collected as other taxes and assessments and returned to the city, pursuant to Ohio Rev. Code, § 731.54. Nothing in this section is intended to limit or restrict in any way the City's authority to take lawful collection action against any and all interested parties for payment of the charges.

D.

Any donation box removed from property pursuant to this section shall be stored by the City for a period of thirty (30) days, at the sole expense of the donation box owner. Donation box owners or licensed operators may retrieve donation boxes from the City upon payment of all charges incurred, including the expenses incurred by the City in storing the donation box. If a donation box stored by the City is not so retrieved by the donation box owner or licensed operator within thirty (30) days of removal, the donation box shall be considered abandoned property, shall become the property of the city, and may be disposed of or otherwise utilized by the city.

E.

The contents of any donation box removed by the City under this chapter shall be considered abandoned property and may be disposed of or otherwise utilized by the City immediately upon clean-up or removal of the donation box and/or contents.

(Ord. 93-2015)