(Amended by Ord. No. 182,718, Eff. 10/30/13.)
A. It shall be unlawful for any person to Convert or Demolish any Residential Hotel building or Residential Unit in violation of the provisions of this article.
1. Changing the use of a Residential Unit for non-commercial purposes that serves only the needs of the permanent residents, such as a residents' lounge, storeroom or common area, does not constitute a violation of this article.
2. Demolition of an existing Residential Unit to combine units for a non-commercial purpose that serves only the needs of the permanent residents does not constitute a violation of this article.
3. An Owner is prohibited from Converting or Demolishing less than all of the original number of Residential Units in a Residential Hotel, except where an Owner satisfies the conditions for approval of an Application for Clearance pursuant to the provisions of Subdivision 3. of Subsection A. of Section 47.79.
B. HCID Order Regarding Violations and Fines. Whenever HCID determines that any Residential Hotel is in violation of this article, HCID shall order the violation corrected, and shall impose a fine pursuant to the provisions of this section.
C. Appeal of Order to General Manager's Hearing. Where an Owner believes that an order issued pursuant to the provisions of Subsection B. of this section was in error regarding the violations identified or the fine assessed, the Owner may appeal the order by filing a request for a General Manager's hearing pursuant to the provisions of Section 47.84. The Owner must file the appeal in writing on a form provided by the Department within 15 calendar days of when HCID mailed the order. If the appeal is not received within this period, the order shall be final. If the Owner timely appeals the order to a General Manager's hearing, the order shall be stayed pending the appeal.
D. Fines, Penalties and Interest.
1. Imposition of Fine. A Person violating any provision of this article shall pay a fine up to the amount of $250 per day for each violation that is the subject of an order issued pursuant to Subsection B. of this section. Fines imposed pursuant to orders that are not appealed to a General Manager's hearing must be paid within 30 days after issuance of the order. Fines not paid within 30 days shall be deemed delinquent. Fines imposed by orders that are appealed to a General Manager's hearing must be paid within 30 days after the Hearing Officer issues a written decision pursuant to the provisions of Subsection F. of Section 47.84 if the Hearing Officer affirms imposition of the fine. Fines not paid within 30 days of issuance of a decision shall be deemed delinquent.
2. Imposition of Late Penalty. A Person whose fine is delinquent shall be assessed a penalty in the amount of 100 percent of the fine. The penalty shall be owed in addition to the amount of the fine.
3. Interest. In addition to the fine and penalties imposed, any Person with a delinquent fine shall pay interest on the amount of the fine and any penalty owed at the rate of one and one-half percent per full month of delinquency.
4. Personal Obligation of Owner. In addition to all other remedies provided by law, all penalties and interest owed for violations of this article shall be a personal obligation of the Owner, recoverable by the City in an action before any court of competent jurisdiction.
5. Criminal Penalties for Violations. Any Person willfully violating the requirements of this article shall be guilty of a misdemeanor. The penalty upon conviction shall be not more than a fine of $1,000 or imprisonment in the county jail, not exceeding six months, or both fine and imprisonment. Violations of this article are deemed continuing violations, and each day that a violation continues is deemed to be a new and separate offense.
6. False Information Misdemeanor. It shall be unlawful for any Person to willfully provide false information to HCID or its designees. Any Person who provides false information to the City, when required to provide information pursuant to this article, shall be guilty of a misdemeanor. Conviction of this misdemeanor shall be punishable by a fine of not more than $500 or by imprisonment in the County Jail for a period not to exceed six months, or both fine and imprisonment.
E. Civil Action. An Interested Party or the City may institute a civil proceeding for injunctive relief and damages for violations of this article. The Interested Party instituting a civil proceeding, or the City suing to enforce the provisions of this article, if prevailing parties, shall be entitled to the costs of enforcing this article, including reasonable attorneys' fees, pursuant to an order of the Court.