1791.04 ILLEGAL CONDITIONS; PENALTY.

   (a)    After ninety 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 for 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 Building Inspector's report for that dwelling unit or building, or after the Building 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 1791.06 to 1791.10 after the time set by the Building Inspector or the Zoning Board of Appeals for abating the nonconformance.

   (d)    Persons in violation under Sections 1791.06 to 1791.10 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) nor 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 of 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 Building Inspector, upon finding an apparent violation of this article, may institute appropriate proceedings as detailed in this article.

   (f)    Applications for a hearing under Section 1791.11 shall stay the effective date of the enforcement of Sections 1791.08 and 1791.09. (Passed 7-11-00.)