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(a) By signature of the Affidavit of Compliance, the applicant for a registered home occupation or home health practitioner's office affirms that he or she resides in the dwelling unit in question and agrees to satisfy Section 59-A-6.1 and take whatever action is required by the Department to bring the home occupation or practitioner's office into compliance if complaints of noncompliance are received and verified.
(b) The Department must record the home occupation in the Home Occupation and Health Practitioner Registry and issue a Certificate of Registration if the Department determines that the application satisfies the applicable requirements of this Chapter. A registered home occupation may begin operation after an approved on-site inspection. The home occupation or practitioner's office must be recorded in the Registry, and the Certificate must be issued only if the home occupation or practitioner's office, as described, satisfies Section 59-A-6.1.
(c) The Home Occupation and Health Practitioner Registry must be readily available for public inspection. If the Department receives a complaint about a registered home occupation or home health practitioner's office, an inspector must inspect the property and determine, within 90 days after receipt of the complaint, whether there is a violation of the provisions of this Section or Section 59-A-6.1.
(d) If the Department determines that there is a violation, the Department may issue a warning notice, and the violation must be corrected within 30 days after the warning notice is issued. In the case of any violation that could be remedied with a special exception, a petition must be filed within 60 business days for a special exception for a major home occupation under Section 59-G-2.29. Operation of the registered home occupation or home health practitioner's office may continue until the Board has acted on the petition if the violation is corrected before the application for a special exception is filed. If the Board denies the special exception, the home occupation or home health practitioner's office must cease immediately or operate under the requirements for a registered home occupation or home health practitioner’s office.
(e) The Department may issue a citation under Section 59-A-1.3:
(1) immediately, instead of a warning notice under Subsection (d); or
(2) 30 days or more after the warning notice was issued under Subsection (d).
(Legislative History: Ord. No. 11-67, § 2; Ord. No. 12-66, § 1; Ord. No. 13-1, § 3; Ord. No. 13-35, § 1; Ord. No. 13-112, §1; Ord. No. 14-36, § 1; Ord. No. 16-59, § 2.)