763.07 PENALTY FOR NONCOMPLIANCE.
(a) The Code Enforcement Officer shall serve a notice of violation or order to the owner by personal service or by certified mail, return receipt requested.
(b) Any owner failing to comply with a notice of violation or order served as provided in this chapter shall be deemed guilty of a first degree misdemeanor and the violation shall be deemed a strict liability offense. If the Establishment is not brought into compliance, the Code Enforcement Officer shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violations or to require the removal or termination of any unlawful occupancy.
(c) Any person who violates a provision of this chapter or who fails to comply therewith or with any of the requirements thereof, shall be prosecuted within the limits of the laws of the State of Ohio and the City of Whitehall. Each day that a violation continues after notice is provided hereunder shall be deemed a separate offense.
(d) Whenever the Code Enforcement Officer determines that there has been a violation of this chapter or has grounds to believe a violation has occurred, written notice shall be given to the owner, which shall include the following:
(1) The name and address of the hotel or motel;
(2) A statement of violation or violations and why the notice is being issued;
(3) Photographs of the violation(s), if obtainable by the Code Enforcement Officer; and
(4) A correction order allowing a reasonable time for the owner to bring the Establishment into compliance with this chapter, taking into consideration the nature of the violation(s). If the health and safety of guests is at risk, immediate compliance may be ordered.
(e) Notice shall be deemed properly served if a copy thereof is delivered personally to the Establishment's owner or sent by certified mail to the address listed upon the Establishment's Permit to operate application.
(f) A re-inspection fee of one hundred dollars ($100.00), plus any charges incurred by the City to conduct such inspection, shall be charged to the owner for each re-inspection that is required after the initial inspection following the issuance of a Notice of Violation or order.
(Ord. 84-07. Passed 9-18-07.)