§ 152.999  PENALTY.
   (A)   No owner or operator shall rent or offer for rent any dwelling unit for use in whole or in part for human habitation, unless a valid letter of compliance has been issued for any such dwelling unit to the current owner, subject to the following exceptions:
      (1)   Any dwelling unit in which a valid letter of compliance issued to a previous owner is in effect at the time of acquisition by the current owner, and the current owner has filed an application for a letter of compliance; or
      (2)   Any dwelling unit in which a valid letter of compliance is not in effect at the time of acquisition by the current owner and the current owner has filed an application for a letter of compliance, and any of the following has occurred:
         (a)   The Housing Inspector conducted an inspection of the dwelling unit, and it was found to conform to the requirements of this chapter;
         (b)   After an inspection conducted by the Housing Inspector resulting in a finding that the dwelling unit failed to conform to the requirements of this chapter, the current owner entered into a written agreement with the Housing Inspector, detailing a program to abate non-conformance with the requirements of this chapter, and such agreement was successfully completed or is still in effect; or
         (c)   The Housing Inspector failed to conduct an inspection of the dwelling unit within ten working days from the filing of an application for a letter of compliance for the dwelling unit by the current owner. However, if the Housing Inspector thereafter conducts an inspection, the exception provided by this division (A)(2) shall no longer be in effect, and the requirements of divisions (A)(2)(a) and (A)(2)(b) above shall apply.
         (d)   Annual registration of residential rental property shall constitute an application for the letter of compliance.
   (B)   No person shall occupy nor shall the owner or operator allow any person to occupy any dwelling unit more than 30 days after the effective date of the denial or revocation of a letter of compliance for that dwelling unit or after the Housing Inspector finds that the vacation of the dwelling unit is necessary before abatement of a non-conformance can reasonably proceed.
   (C)   No person shall occupy nor shall the owner or operator allow any person to occupy any dwelling unit in excess of the maximum occupancy permitted in § 152.022 of this chapter.
   (D)   No person shall permit a state of non-conformance to exist after the time set by the Housing Inspector for abating the non-conformance.
   (E)   No person shall fail to fulfill the specific obligations placed upon the person by the sections of this chapter relating to minimum property standards, whether the person is owner, operator or occupant.
   (F)   No owner of property regulated by this chapter shall fail or refuse to pay a fee in the method and within the time required, prescribed by § 152.005(C) of this chapter and applicable resolutions of the City Council, nor shall any owner fail to submit a completed registration form to the Housing Inspector, in accordance with the requirements of § 152.005(B) of this chapter.
   (G)   Willful or repeated non-compliance with the requirements of this chapter by the owner, operator or occupant shall constitute a misdemeanor and by punished by a penalty as provided in § 10.999(A) of this code of ordinances. Each day of non-compliance will constitute a separate violation.
   (H)   Persons in violation of divisions (A) through (F) above may, for each such violation, be cited for a municipal infraction and be subject to such civil penalties as defined in I.C.A. § 364.22. Such persons shall also be liable in such case for all costs, expenses and disbursement of any such violation. Such persons shall also be liable to eviction or to revocation of the letter of compliance.
   (I)   The Housing Inspector, upon finding an apparent violation of this section, may institute appropriate legal proceedings.
   (J)   Application for a hearing under § 152.008(C) of this chapter shall stay the effective date of the enforcement of this section unless an emergency exists.
   (K)   Violation of § 131.006 of this code of ordinances by an owner of property subject to the city’s Housing Code shall also constitute a violation of the city’s Housing Code enforceable by collection of a reasonable fee for inspection and enforcement procedures assessed as taxes to that property following the notice provisions described herein.
   (L)   Violation of § 50.009 of this code of ordinances by an owner of property subject to the city’s Housing Code shall also constitute a violation of the city’s Housing Code enforceable by collection of a reasonable fee for inspection and enforcement procedures assessed as taxes to that property following the notice provisions.
(2013 Code, § 15.5-5)  (Ord. 14437, passed 8-23-1993; Ord. 14558, passed 2-10-1997; Ord. 14896, passed 1-23-2012; Ord. 14970, passed 11-27-2017)