§ 154.03. Notice of violation.

A.

Whenever the Director determines that there has been a violation of any of the provisions of this chapter, he shall give notice of the violation to the person responsible therefor and order compliance, as herein provided. The notice and order shall:

1.

Be put in writing on an appropriate form as the Director shall determine;

2.

Include a list of violations, refer to the sections and subsections violated, and order remedial action which will effect compliance with the provisions of this chapter, including obtaining a permit, inspection, and approval required by state or local law;

3.

Specify a reasonable time within which to comply; and

4.

Be served on the owner or person in control personally, or by regular mail and by either certified mail or a commercial carrier service in accordance with Rule 4.1(A)(1) of the Ohio Rules of Civil Procedure, to the address provided upon registration, the person's residence, regular place of business or last known address. If the certified/commercial carrier or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the building affected.

B.

Whenever a person violates or fails to comply with any of the provisions of this chapter, the Director shall have the authority to impose an administrative penalty according to Section 154.99(A) of this chapter. The Director shall consider the following criteria in assessing an administrative penalty:

1.

The extent to which the person has benefited by the violation of this chapter;

2.

The impact on neighboring premises;

3.

The recidivism of the person, including previous notices and orders to comply and previous enforcement action;

4.

Good faith efforts of the person to remedy the violation of this chapter; and

5.

The duration of the violation after a notice and order to comply was served pursuant to this section or Section 154.09 of this chapter.

C.

The imposition of an administrative fine shall be accomplished only after a notice and order is provided to the owner or person in control. Notice of a decision imposing an administrative fine shall:

1.

Be put in writing on an appropriate form as the Director shall determine;

2.

State the basis for the administrative penalty, including the section of this chapter that has been violated;

3.

Specify the date and manner by which the penalty must be paid; and

4.

Be served on the owner or person in control personally or by certified/commercial carrier mail and regular mail as stated in Section 154.03(A)(4), to the address provided upon registration, the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address or the building affected.

(Ord. 207-2018)