Sec. 12-04.16. Violations.

   All violations observed during an inspection shall be written on a courtesy notice and a copy of the notice shall be supplied to the licensee. The violations in subsections A-C are considered to be more serious in nature and may require additional steps of enforcement.

   A.   Canopy.

   1.   In the event canopy exceeds the maximum square footage allowed by the license, the Enforcing Officer may issue a courtesy notice. If the licensee fails to abate the over canopy amount identified in a courtesy notice within the deadline provided to correct the violation, a NOV may be issued for the violation pursuant to § 12-04.19, below.

   2.   The courtesy notice shall identify the licensee, the premises, the allowed or licensed maximum canopy, the actual canopy as measured by the Enforcing Officer, the date the courtesy notice was provided and the administrative penalty the licensee is subject to, as outlined in § 12-04.25(A).

   3.   Issuance of a warning shall not be a requirement prior to enforcement of this section.

   4.   The licensee may request the Director of Environmental Health to review the courtesy notice. The Director of Environmental Health may conduct an inspection as part of the review. The determination of the Director of Environmental Health is final and is not subject to appeal.

   5.   Depending on the severity or repetition of the violation, the Enforcing Officer has discretion to enforce a canopy violation with a courtesy notice or with the notice of violation enforcement procedures set forth in § 12-04.19. A licensee, permittee or any other person is not entitled to a courtesy notice prior to a notice of violation being issued.

   B.   Odor. In the event odor has been determined to be a public nuisance, as outlined in Section 8-2.1408(CC)(1-3) of the CLUO, the enforcement officer shall follow Section 8-2.1408(CC) (4-6) as it pertains to disciplinary actions.

   C.   Track and trace. If a pattern or history of repeated non-compliances for track and trace are observed, the following disciplinary actions may be taken by the enforcing officer:

   a.   Upon the occurrence of three repeated violations with track and trace within a twelve (12)-month period, the Enforcing Officer may note on the courtesy notice a final warning is being given and upon the occurrence of a fourth non-compliance of track and trace within a twelve (12)-month period a notice of violation may be issued to the licensee.

   b.   If the violation is corrected pursuant to the most recent courtesy notice but the same conduct is committed within sixty (60) days of the correction, the violation will be deemed continuing and a notice of violation may be issued to the licensee. (§ 2, Ord. 1557, eff. January 21, 2023)