For failure to report tourism business improvement district assessments when due, failure to pay tourism business improvement district assessments when due, and other violations of this chapter, the city may seek the following penalties or remedies:
A. A court judgment in the amount of all unpaid tourism business improvement district assessments, including any unpaid administrative fees assessed under this chapter;
B. A civil penalty in the amount of fifty percent of the unpaid tourism business improvement district assessments, plus all costs and attorney's fees incurred by the city in any court action;
C. An order requiring the delinquent hotel to undergo a financial audit by the city or its representatives to determine the proper amount of tourism business improvement district assessments due, including payment by the business of all audit costs and expenses incurred by the city or its representatives;
D. An injunction preventing the hotel from operating as a hotel until such time as all unpaid tourism business improvement district assessments have been paid.
E. Any hotel owner who, whether personally or by a designee, serves as a member of the board of trustees and fails to pay any assessment when due shall be barred from voting on any issue before the board of trustees. Notice of the failure to pay shall be provided by the presiding officer of the board. This notice shall state that unless the assessments are paid within thirty days, the board member shall be barred from voting on any issue before the board of trustees. If the assessment has not been paid within ninety days of the notice set forth above, that board member is automatically removed from the position and the vacancy shall be filled by appointment by the city council.
F. Any other penalty, remedy or judicial relief to which the city is entitled. (Ord. 597, - -2023)
Violation of this chapter shall be punishable as a municipal infraction in accordance with Chapter 3, Section 1 of the Code of Ordinances of the City of Sidney. (Ord. 597, - -2023)