(a) Whenever a violation of the Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Recorder. The Recorder shall record properly such complaint, conduct appropriate investigation, and take action thereon as the Ordinance provides.
(b) If, after a Certificate of Compliance is issued to any Applicant, the Planning Officer finds that any part of the Application on which the Certificate of Compliance was issued was false in any material respect, or that the Premises for which the Certificate of Compliance was issued does not comply or conform with the Ordinance, then the Recorder shall revoke the Certificate of Compliance by issuing a written notice thereof to the Applicant, and the Applicant or subsequent holder of a Certificate of Compliance therefore shall immediately cease and desist the use or uses for which the Certificate of Compliance was issued.
(c) If the Recorder finds that any of the provisions of Ordinances are violated, whether reported by any person or by any commission, board, agency, officer or employee of the Town of Marmet, or by his own observation, he shall notify in writing the person responsible for such violation. Service of the written notice shall be deemed complete upon sending the notice by certified mail to the last known address of the person or by personal service by the office of the Chief of Police of the Town of Marmet.
(d) Any such notice of a violation of the Ordinance shall include the following:
(1) Street address or legal description of the premises, including identification by the tax district and tax map and parcel numbers; and
(2) A statement of the nature of the violation; and
(3) A description of the action required to correct the violation; and
(4) A statement of the time within which compliance with the Ordinance must be accomplished; and
(5) A statement that upon failure to comply with the requirements of the notice, the Planning Officer shall take such enforcement actions as the Ordinance authorizes.
(e) The Recorder may order the discontinuance of any use of a parcel or parcels of land or any Improvements that does not conform to the Ordinance by issuing a written notice. The Recorder may seek other remedies provided by law, including, without limitation, injunction, abatement by judicial proceeding in the Circuit Court of the County.
(f) The Recorder may impose a monetary fine not to exceed $1,000.00 a day against any person or persons who violate the Ordinance or any order or notice issued thereunder.
(g) Nothing contained in the Ordinance shall be deemed to prevent the Town of Marmet from pursuing other lawful actions to prevent or remedy violations of the Ordinance.
(h) The regulated aspects of an Adults Only Establishment subject to the Ordinance shall be subject to periodic inspections for the purpose of verifying compliance with the terms and conditions of the Ordinance.
(Ord. 92-14. Passed 8-18-03.)