Sec. 365.402. - Assessment and recovery of civil penalty.

Civil penalties shall be assessed by the administrative process in Chapter 360 , or, in the alternative, by judicial process in a civil action filed in the name of the City in a court of competent jurisdiction, giving due consideration to the appropriateness of the penalty with respect to the gravity of the violation, the good faith of the violator and the history of previous violations and the financial ability of the violator to respond. A civil penalty assessed and owed under this Chapter shall be paid to the Tax Collector for deposit into the Environmental Protection Fund established by Section 360.601 , Ordinance Code. An administratively assessed civil penalty under this Section may be recovered in a civil action in the name of the City. The City shall be entitled to reasonable attorney's fees and costs, including appellate fees and costs, in an action where the City is successful in obtaining affirmative relief. (Ord. 2010-68-E, § 2)