1781.04 ILLEGAL CONDITIONS; PENALTY.

   (a)    After thirty days from the effective date of this section, it shall be illegal for any owner or operator to rent or offer for rent any dwelling units for use in whole or in part for human habitation unless a written application for a letter of compliance has been filed for such dwelling unit by said owner or operator or a valid letter of compliance has been issued to said owner or operator of such dwelling unit. Any person who rents or offers for rent a dwelling unit subject to this article prior to filing a written application for a letter of compliance shall be subject to a mandatory penalty of one hundred dollars ($100.00) per month for each month that the unit was illegally occupied subject to a maximum penalty of five hundred dollars ($500.00).

   (b)    It shall be illegal for any person to occupy or allow any other person to occupy any dwelling unit more than the time period indicated in the Housing Inspector's report for that dwelling unit or building, or after the Housing Inspector finds that vacation of the dwelling unit or building is necessary before abatement of a nonconformance can reasonably proceed.

   (c)    It shall be illegal for any person to permit a state of nonconformance to exist, under Sections 1781.06 to 1781.10, after the time set by the Housing Inspector or the Housing Board of Adjustments and Appeals for abating the nonconformance.

   (d)    Persons in violation under Sections 1781.06 to 1781.10 shall, as a separate offense, be subject to a penalty in accordance with the following schedule:

      (1)    First conviction of any offense, a fine not less than fifty dollars ($50.00) not more than five hundred dollars ($500.00).

      (2)    Second conviction of the same offense, a fine not less than one hundred dollars ($ 100.00) nor more than five hundred dollars ($500.00).

      (3)    Third conviction of the same offense, a fine not less than two hundred dollars ($200.00) nor more than five hundred dollars ($500.00).

      (4)    Each successive conviction for the same offense shall result in a mandatory fine of five hundred dollars ($500.00).

      (5)    Persons in violation of any section or subsection shall also be liable to revocation of the letter of compliance.

   (e)    The Housing Inspector, upon finding an apparent violation of this article, may institute appropriate proceedings as detailed in this article.

   (f)    Application for a hearing under Section 1781.11 shall stay the effective date of the enforcement of Sections 1781.08 and 1781.09.

   (g)    No individual person, and no owner, manager or officer of a company, corporation, partnership or limited liability company, which person or company or business entity has been found guilty or plead guilty or admitted during an administrative proceeding to a violation of the City of Martinsburg Building Code or City of Martinsburg Housing Code shall be eligible to serve upon or be appointed to any committee, commission or administrative agency appointed by the Mayor or City Council of the City of Martinsburg.

   (h)    The imposition of the penalties herein prescribed shall not preclude the City Attorney or any other attorney designated or appointed by the City from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, addition, alteration, conversion, removal, demolition, maintenance or use or to restrain, correct or abate a violation, or to prevent the occupancy of a building or structure or portion thereof, or of the premises, or to prevent an illegal act, conduct, business or use, in or about any premises.

   (i)    It shall be illegal and a misdemeanor for any owner to fail to maintain current and valid information found within an application for a letter of compliance.

(Ord. 99-07. Passed 6-10-99.)