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(A) A hearing provided for in This Ordinance shall be conducted by an Independent Hearing Officer in accordance with the provisions in the IHO Ordinance.
(B) Any action of the Enforcement Authority for which a hearing is not otherwise provided for in This Ordinance, which action adversely impacts the Permit Holder, is subject to review under this section if a hearing request is filed within fifteen (15) business days of the action and in accordance with the provisions in the IHO Ordinance.
(C) A nonrefundable hearing fee of $50.00 shall accompany each application for hearing conducted by the Independent Hearing Officer requested pursuant to this section.
The exclusive remedy of any party dissatisfied with any final decision of the Independent Hearing Officer is to file a petition with the District Court within thirty (30) days after service receipt of written notice of the decision of the concerned party. The petition for review shall be limited to the record.
(A) Civil Violations. The Enforcement Authority may impose a civil penalty for any failure to correct a violation of This Ordinance or the Rules after proper notice has been given.
(1) Civil violations of this article shall subject the Permit Holder of the Food Establishment to the following penalties for offenses during any thirty-six (36) consecutive-month period:
(a) A civil fine of $250.00 for the first offense;
(b) A civil fine of $500.00 for the second offense; and
(c) A civil fine of $1,000.00 for the third and subsequent offenses.
(2) Each calendar day during which the civil violation occurs shall constitute a separate and distinct offense.
(3) Upon determination by the Enforcement Authority that a violation of This Ordinance has occurred, the Enforcement Authority shall serve a notice of civil penalty in accordance with § 9-6-17 of This Ordinance. The notice shall contain the following information:
(a) The address where the violation occurred;
(b) The approximate time the violation occurred;
(c) A brief narrative of the circumstances surrounding the violation;
(d) A statement regarding whether this is the first, second, third or subsequent offense within a consecutive 36-month period;
(e) A name and phone number or title of City employee from whom the Permit Holder can obtain further information;
(f) The address where payment for the violation may be made;
(g) A statement that the Permit Holder has the right to contest the validity of the civil violation by filing a written request for hearing with the City Clerk's office within fifteen (15) days of the date of mailing of the notice of civil penalty. A hearing shall be granted in accordance with the provisions in the IHO Ordinance, Chapter 2, Article 7, Part 8 ROA 1994; and
(h) The ordinance section or rule violated.
(B) Criminal Penalties. Any Person convicted of a violation of any provision of this article is guilty of a petty misdemeanor and upon conviction thereof, shall be punished by a fine of not less than $250.00 nor more than $500.00 and up to thirty (30) days in jail for each violation. Each day in which any violation occurs shall constitute a separate offense. Prosecution or conviction under this section shall not preclude any civil remedy or relief for a violation of This Ordinance. Once cited for an offense, an additional citation may be issued for each day the violation continues.
(C) Enforcement. The Enforcement Authority is hereby authorized to undertake the enforcement activities authorized by This Ordinance.
(D) Injunctive Relief. As an additional remedy, if any Food Establishment violates the provisions of This Ordinance, the Enforcement Authority may seek injunctive relief in a court of competent jurisdiction.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING. Any business, residential structure, and non-business building or structure.
EXTERMINATION. The control and elimination of insects or rodents by eliminating their harborage, by removing or by making inaccessible materials that may serve as their food, and by poisoning, spraying, fumigating, trapping, or by any other recognized and legal insect or rodent control method approved by the Mayor.
GARBAGE. The putrescible animal and vegetable wastes resulting from the handling, processing, preparing, cooking, or serving of food.
INFESTATION. The presence of any insects or rodents of such kind or in such numbers as to create a potential health hazard or nuisance.
INSECT AND RODENT HARBORAGE. Any condition which provides shelter or protection for insects and rodents; thus, favoring their multiplication and continued existence in, under, outside a structure or premise.
INSECTS. Members of Class Insecta and such other members of the Phylum Arthropoda as may be considered dangerous or pestiferous by the Mayor.
MAYOR. The Mayor or his designated representative.
OCCUPANT. The individual, partnership, or corporation that has the use of or occupies any building or a fraction thereof, whether the actual owner or tenant of said building. In the case of a vacant building or any vacant portion of a building lot, the owner, lessee, agent or custodian shall have the responsibilities of an occupant.
OWNER. The actual owner of the building, lot, whether individual, partnership or corporation. In the case of a leased building with a clause in the lease specifying that the lessee is responsible for maintenance and repair, the lessee will be considered in such cases as the owner for the purpose of this article.
PERSON. An individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency, or any entity recognized by law.
REFUSE. Combustible and non-combustible waste material, except garbage, and the term shall include the residue from the burning of wood, coal, coke, and other combustible material, paper, rags, cartons, boxes, wood excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, plastics, glass crockery, dust, industrial waste, dead animals, and animal excrement.
RODENT PROOFING. A form of construction to prevent the ingress of rodents into or under buildings or structures from the exterior or from one building or structure to another. It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements and foundations, that may be reached by rodents from the ground by climbing or by burrowing, with materials or other types of rodent proofing methods approved by the Mayor.
RODENTS. Members of the Order Rodentia and such members of the Order Lagomorpha as may be considered dangerous or pestiferous by the Mayor.
('74 Code, § 6-18-2) (Ord. 2028; Am. Ord. 80-1977)
The Mayor is authorized to make such inspections of buildings, lots, and premises, as he deems necessary to investigate and abate insect or rodent infestations or harborages. For the purpose of making such inspections, the Mayor is authorized to enter, examine, or survey at all reasonable times. Such entry shall be made in a manner as to cause the least possible inconvenience to the person in control, and the Mayor shall obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.
('74 Code, § 6-18-3) (Ord. 2028)
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