(A) Notices.
(1) Any notice required or permitted to be given by the Administrative Official or any other city office, division, department, or other agency under this chapter to any applicant, operator, or owner of a sexually-oriented business may be given either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address, as specified in the application for the license, or any notice of address change that has been received by the Administrative Official. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the Administrative Official or his or her designee shall cause it to be posted at the principle entrance to the establishment.
(2) Any notice required or permitted to be given to the Administrative Official by any person under this chapter shall not be deemed given until and unless it is received in the office of the Administrative Official.
(3) It shall be the duty of each owner who is designated on the license application and each operator to furnish notice to the Administrative Official in writing of any change of residence or mailing address.
(4) When the Administrative Official of the city determines that a person is in violation of the provisions as set forth in this chapter, a written notice of violation shall be issued to the owner of the subject property. The notice of violation shall contain:
(a) The name and address of the person(s) in violation;
(b) The street address and a description of the building structure or land upon which the violation has occurred;
(c) A statement specifying the nature of the violation;
(d) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed; and
(e) A statement that the city’s determination of violations may be appealed to the City Board of Adjustment by filing a written notice of appeal within 30 days of service of such notice of violation.
(5) The notice of violation shall be served upon the person(s) to whom it is directed, either personally or by mailing a copy of the notice of violation by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.
(Prior Code, § 114.21)
(B) Injunction.
(1) A person who operates or causes to be operated a sexually-oriented business without a valid business license or in violation of this chapter is subject to a suit for injunction as well as prosecution for criminal violations.
(2) Each day a sexually-oriented business so operates is a separate offense or violation.
(Prior Code, § 114.22)
Penalty, see § 114.99