(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.