§ 16.50.030.9. Enforcement.

A.

If an adult use establishment is operating contrary to the requirements of this section, the POD shall notify the owner or operator of the violation and shall allow a 30-day period in which to correct the violation. Subsequent inspections for violations of the same provisions shall not require any notice prior to citation because the owner or operator and its employees are deemed to have been placed on notice of the requirements of this section by the first notice and cure period. Citation for these violations shall be no more frequent than every 30 days.

B.

The filing of an application for a variance precludes citation for those provisions until the expiration of such time as the City Council or Development Review Commission, in their conditions granting any variance, provides for correction of the violation consistent with the variance, or deny the request.

C.

Violations of this section are punishable as provided in section 1-7.

D.

In addition to the penalties provided for violations in section 1-7, adult use establishments not in conformance with the requirements of this section shall be subject to the appropriate civil action, including injunctive relief, in the court of appropriate jurisdiction for their abatement. Except as provided in subsections A and B of this section each day that any violation is committed shall constitute a separate offense.

E.

It is the responsibility of the licensee, owner, employee or operator of an adult use establishment to ensure compliance with this section, notwithstanding the issuance of a business tax receipt, building permit, or any other governmental permit.

(Code 1992, § 16.50.030.9)