(A) All tanning facilities located within the City of Clinton shall be subject to an annual inspection by Building and Neighborhood Services (BNS), or by an individual or agency approved by BNS or its designee, to determine whether the tanning facility is in compliance with the terms of this chapter. Building and Neighborhood Services (BNS) reserves the right to complete additional inspections if BNS is apprised of information indicating the tanning facility is in violation of § 123.07.
(B) Annual regular inspections shall be conducted by April 15.
(C) Inspection costs.
(1) An inspection cost of $33 per tanning device shall be billed to the permit holder up to a maximum of $330 per facility.
(2) Inspection costs shall be due upon receipt of payment due. The cost bill will be paid to the City of Clinton or its designee.
(3) Inspection costs not received within 45 days of the date of billing will be assessed a $25 penalty each month or fraction thereof that the bill is delinquent.
(4) Penalty fee of $25 per facility may be assessed for the following:
(a) Failure to respond to a notice of violation within 30 days of the date of inspection.
(b) Failure to correct violations cited during the inspection.
(D) Inspections shall include the following areas: proper operation and maintenance of devices, review of required records and training documentation, operator understanding and competency, and the requirements of these rules.
(E) Enforcement. The city shall take the following steps or use any other applicable ordinances, resolutions, rules and regulations when enforcement of these rules is necessary.
(1) Site each section of the Iowa Code or rules violated.
(2) Specify the manner in which the owner operator failed to comply.
(3) Specify the steps required for correcting violation.
(4) Request a corrective action plan, including a time schedule for completion of the plan.
(5) Set a reasonable time limit, not to exceed 30 days from the receipt of the notice, within which the permit holder must respond.
(6) The city shall review the corrective action plan and approve it or require that it be modified.
(7) In cases where the permit holder fails to comply with the conditions of the written notice, the city shall send a regulatory letter, via certified mail, advising the permit holder that unless action is taken within five days of receipt, the case shall be turned over to the appropriate state/city/city attorney for court action.
(F) Injunctions.
(1) If the city finds the person has violated, or is violating or threatening to violate, this chapter and that the violation creates an immediate threat to the health and safety of the public, the city may petition the District Court for temporary restraining order to restrain the violation or threatened violation.
(2) On application for injunctive relief and finding that a person is violating or threatening to violate this chapter, the District Court shall grant any injunctive relief warranted by the facts.
(IAC 7/2/08, §641-46.6) (Ord. 2618, passed 7-23-2019)