§ 8A-25. Violations; penalty.

(a)

A permit holder, operator, owner, employee, or other person who violates any provision of this chapter, or who fails to perform a duty required by this chapter, commits an offense.

(b)

A permit holder, employee, or other person in control of a boarding home facility commits an offense if he or she knowingly operates an unsafe facility that represents an immediate threat to the health or safety of a resident, including a situation that has caused, or is likely to cause, serious injury, harm, impairment, or death to a resident.

(c)

An offense under this chapter is punishable by a fine not to exceed two thousand dollars ($2,000.00).

(d)

A separate offense occurs each day or part of a day that the violation is committed, continued, or permitted.

(e)

If the director, building official, or fire chief finds a boarding home facility operating in violation of the standards prescribed by this chapter and the violation creates an immediate threat to the health and safety of a resident in the facility, the director, building official or fire chief may order immediate closing of all or part of the facility. An order of immediate closure is effective immediately on providing written notice of the order to the owner or operator by facsimile, email, or hand-delivery. The order of closure of all or part of a boarding home facility is valid until the violation is corrected and the director, building official, or fire chief has verified that the violation has been abated and that the boarding home facility no longer poses an immediate threat to health and safety of a resident of the facility.

(f)

The city council may authorize the city attorney to petition the appropriate court for civil penalties and/or for injunctive relief available under state law for a violation of the requirements for a boarding home facility under this chapter or other applicable law.

(g)

The remedies and procedures in this section and in other laws are cumulative, and the use of any particular remedy or procedure does not prevent the enforcement of any other law.

(Ord. No. 2015-9654 , § 1, 1-15-15)