1. Except as provided in Subsections 1.C. and 2. below, any owner or owners who shall violate any provision of the Part shall, upon conviction thereof after notice and a hearing before the magisterial district judge, be sentenced to pay a fine subject to the following penalties:
A. First violation. Costs of prosecution together with reasonable attorney fees and either a fine of up to $300 or 30 days imprisonment, or both. [A.O.]
B. Second violation. Costs of prosecution together with reasonable attorney fees and either a fine of up to $600 or 60 days imprisonment, or both. [A.O.]
C. Third violation. Costs of prosecution together with reasonable attorney fees and either a fine of up to $1,000 or 90 days imprisonment, or both. [A.O.]
D. Separate offense. Every day that a violation of this Part continues shall constitute a separate offense, provided, however, that failure to register or renew or pay appropriate fees in a timely manner shall not constitute a continuing offense but shall be a single offense not subject to daily fines.
2. Any owner or agent who shall allow any occupant to occupy a residential rental unit without first obtaining an occupancy permit is in violation of § 11-111 Subsection 5. of this Part and shall, upon conviction thereof after notice and a hearing before the magisterial district judge, be sentenced to pay a fine of up to $1,000 plus costs together with reasonable attorney fees for each occupant that does not have an occupancy permit and up to $100 per occupant per day for each day that owner or agent continues to allow each such occupant to occupy the residential rental unit without an occupancy permit
after owner or agent is given notice of such violation pursuant to § 11-104 this Part. Owner or agent shall not be held liable for the actions of occupants who allow additional occupancy in any residential rental unit without the owner or agent’s written permission, provided the owner or agent takes reasonable steps to remove or register such unauthorized occupant(s) within ten days of learning of their unauthorized occupancy in the residential rental unit. [A.O.]
3. Any occupant having an occupancy permit but who allows additional occupancy in a residential rental unit without first obtaining the written permission of the owner or agent and without requiring each such additional occupant to obtain his or her own occupancy permit is in violation of § 11-111 Subsection 5. of this Part and shall, upon conviction thereof after notice and a hearing before the magisterial district judge, be sentenced to pay a fine of up to $1,000 plus costs together with reasonable attorney fees, for each additional occupant permitted by occupant that does not have an occupancy permit and up to $100 per additional occupant per day for each day that occupant continues to allow each such additional occupant to occupy the residential rental unit without an occupancy permit after occupant is given written notice of such violation by owner or agent or pursuant to § 11-104 of this Part.
(Ord. 2013-301, 8/13/2013, § 15; as amended by A.O.)