[Amended 11-21-2017 by Ord. No. 17-73]
A.
The City Clerk shall provide written notification to the owner or
manager of the business, by regular mail and by either personal service,
certified mail, or other method which provides confirmation of delivery.
The notice shall consist of the following:
(1)
The CRT, specifying the types of crimes identified as having occurred
on the property during the period reviewed, including the incident
numbers assigned to such crimes, and the date and time of each offense
to allow the owner to understand the basis of the CRT;
(2)
The requirement of a mandatory inspection to be conducted by designated
officials and/or officers of the Police Department;
(3)
The opportunity and procedures by which the owner may challenge the data provided to the owner pursuant to Subsection A(1) of this section upon which the designation is based; and
(4)
That the designated City official(s) will meet with the owner or
his manager prior to the inspection and that a second meeting with
the owner or his manager must occur after the inspection to allow
the designated City official(s) and the owner to review the results
of the inspection and determine a remedial action plan to reduce criminal
activity at the property unless a prior agreement is reached.
B.
It shall be unlawful for an owner or manager to:
(1)
Fail or refuse to permit the designated City officials and/or police officials to conduct an inspection of the property after receipt of notice under § 146-16 of this Code;
(2)
Fail or refuse to permit the designated City officials and/or police
officials to conduct the remediation inspection(s) to ensure conformity
to a remedial action plan issued under this article;
(3)
Fail or refuse to attend the meeting required by § 146-16A(4) of this Code.
C.
Failure to comply with the provisions of this article shall be punishable by a fine of not less than $500 nor more than $2,000. Each day of noncompliance shall constitute a separate violation, in addition to any of the license revocation or review procedures and penalties provided generally in the penalty for violation of this chapter prescribed in Chapter 1, Article III, General Penalty.
D.
The City Council hereby finds and declares that the operation of a remedial-action-eligible business whose owner has failed or refused to timely implement one or more remedial measures contained in a remedial action plan, as set forth in this article, constitutes a nuisance and is unlawful. After at least 10 days' prior written notice to the owner of any business, given in the manner provided in § 146-16A of this Code, notifying the owner that legal action will be taken if the owner fails to take immediate action to implement a remedial action plan as provided in this article, the City Attorney is authorized to institute any legal action to enforce this article, including, but not limited to, the filing of civil injunctive proceedings in a court of competent jurisdiction against the owner, seeking a mandatory injunction to compel the owner of any such property to implement the remedial measures set forth in a remedial action plan issued to such owner.
No portion of any license assessed in this article shall be
rebated, unless it clearly appears that such license was collected
by mistake or error, and before making such rebate to a license holder
all amounts payable under a proper license shall be paid by such license
holder.
A.
It shall be unlawful for any business or individual authorized to
act on the business' behalf to willfully make any false written affidavit
and file such affidavit with the City Clerk or any other City official
for the purpose of procuring a license for a less sum than is lawfully
payable by the applicant, or his or her principal, and any such license
so obtained shall be void.
B.
No person shall sell, lease, rent, lend, give or otherwise dispose
of any certificate of license or permit issued by the City, or any
badge, insignia, number or any other article delivered with any certificate
of license or permit. Certificates of license, permits, badges and
insignia shall be used, shown or displayed only by licensees and only
in the manner prescribed by this chapter.
[Amended 2-7-2019 by Ord.
No. 19-6]
A.
License receipts shall be sold beginning December 1 of each year,
and the applicable fee shall be due and payable on or before January
31 of each year. If January 31 falls on a weekend or holiday, the
fee shall be due and payable on the first working day following January
31. Those licenses not renewed when due and payable are delinquent
and subject to a late fee of $50 for each subsequent month of delinquency
until paid. However, the total late fee shall not exceed $150 per
business location. The penalties imposed by this section shall be
collected in addition to the amount of the license, and the payment
of such penalty shall not be a defense in any proceedings charging
the offense of doing business without a license under this article.
B.
Any business operating in the City without first obtaining a license as required by this chapter shall be subject to a penalty of $1,500 to be due, in addition to any other penalty provided by law or ordinance. The penalty under this subsection will apply to businesses not initially obtaining a license, as opposed to nonrenewal; for nonrenewal, Subsection A, above, will apply.
C.
Any business engaging in any operations covered by this article that
does not pay the required license within 90 days after the initial
notice of fee due and that does not obtain the required license:
(1)
Shall be required to immediately cease operation of the business
in the City until such time as the license is renewed.
(2)
Shall incur an additional penalty of $250.
(3)
Shall be subject to administrative and/or civil action for collection
of the fee, as well as be liable for court costs, reasonable attorneys'
fees, and additional administrative costs incurred by the City as
a result of collection efforts.
