§ 98-83. Violations.

(a)

Violations of this article shall be a misdemeanor punishable under the laws of the state. Fines may be levied up to $1,000.00 per day with each day of continuing violation being considered a separate offense. Any person violating any of the provisions of this article shall become liable to the city for any expense, loss or damage occasioned the city by reason of violation.

(b)

In the event of violation of this article, the health officer or authorized employees may verbally instruct the owner as to the necessary corrective action. If the owner fails to carry out verbal instructions in a timely manner or if a serious violation or hazard to public health exists, the health officer or city may issue to the owner a written order stating the nature of the violation, the corrective action and the time limit for completing the corrective action. The record of the mailing of such notice or order shall be prima facie evidence thereof and failure of the owner or owners to receive same shall in no way affect the validity of any proceedings conducted pursuant to this article.

(c)

Failure to comply with any written order duly issued by the health officer or city pursuant to this article will constitute a separate misdemeanor and, upon conviction thereof, shall be punishable as provided by the laws of the state. Provided further, that compliance with this article is required notwithstanding the fact that a written order might not have been issued.

(d)

The violation of any provisions of this article, as now existing or as may be hereafter amended, may be enjoined by instituting appropriate proceedings for injunction in the courts of competent jurisdiction in this state. Any public nuisance which is injurious to the public health, safety or comfort may be abated by instituting appropriate proceedings for injunction in the court of competent jurisdiction in this state. Such actions may be maintained notwithstanding the fact that such violation also constitutes a crime, and notwithstanding that other adequate remedies at law exist. Such actions may be instituted in the name of the city.

(e)

Upon the receipt of a notice of a violation of this article and/or an order of the city requiring an act or thing to be done or to cease, the owner or owners of any premises then in question may, in writing, demand a hearing before the city to present the evidence challenging the validity of the city's order. The owner may appear in person, by agent or by attorney. The demand must be filed with the clerk of the city and be made within five days from the receipt of the order being challenged. Upon receipt of a demand for a hearing, the city will set a date, time and place for the hearing to be not less than 21 days from the date of filing of the demand. The hearing shall apply to any customer's complaint, dispute or challenge of the city's rules, regulations, resolutions, ordinances or policies. Upon the customer's written complaint filed with the clerk, the city shall set a hearing as provided in this subsection or at a time agreed upon by the parties.

(f)

Evidence before the city of any hearing conducted pursuant to subsection (e) of this section shall be admitted in accordance with the rules of evidence of the superior courts of the state; however, the city may take official notice of any order, rule, regulation or any other document, record or entry contained in its official record or minutes for evidentiary purposes.

(g)

For the purposes of this article, the decisions of the city will prevail in any instance in which there is a conflict between it and the health officer on any issue of sanitation, or the lack of it, and its effect on human health or well-being.

(Ord. No. 2008-0005, 5-12-2008)