HOUSING MAINTENANCE CODE
CHAPTER 2

SUBCHAPTER 5
LEGAL REMEDIES AND ENFORCEMENT

ARTICLE 3
Criminal Penalty

Section
27-2118 Penalties, Wilful or Reckless Violations, False Statements
27-2119 Penalties, Refusal to Admit and Interference with Inspection, Failure to Submit Reports


Sec. 27-2118 Penalties, Wilful or Reckless Violations, False Statements

a. Any person, who

  1. wilfully or recklessly violates any provisions of this chapter or
  2. wilfully or recklessly violates or fails to comply with any requirement of an order of the department or
  3. wilfully makes or causes any other person to make any false or misleading statement on any registration statement, notice or other document required to be filed pursuant to this chapter or on any application or any accompanying document for the granting of any permit or any other action by the department pursuant to this chapter,

shall be guilty of a misdemeanor punishable by a fine of not less, than ten dollars, nor more, than one thousand dollars for each such violation or by imprisonment up to one year or by both such fine and imprisonment.

b. A person commits a wilful violation, when such person intentionally acts or intentionally fails to act to cause a desired result that violates this chapter. A person commits a reckless violation, when such person acts or fails to act with a conscious disregard of a substantial risk that the act or failure to act will result in a condition constituting a violation of this code, which will endanger the life, health or safety of another person.

c. In a prosecution for a wilful or reckless violation of a provision of this chapter evidence of prior service of civil process or of prior judgments for civil penalties arising from the same violation and relating to the same dwelling shall be admissible on the issue of the defendant's knowledge of the existence of the violation.

d. Evidence that the defendant had knowledge or notice of the violation and failed to correct the same for more, than six months or take reasonable action to explain to the department this failure or inability to make the correction shall be relevant on the issue of the wilfulness of defendant's action. This subdivision shall not be construed to prevent conviction for a wilful violation on other grounds.

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Sec. 27-2119 Penalties, Refusal to Admit and Interference with Inspection, Failure to Submit Reports

Any person, who

  1. refuses entry or access to an officer or inspector of the department to any premises or part thereof that the officer or inspector is lawfully authorized to inspect or who unreasonably interferes with an authorized inspection or
  2. fails to file any report or other paper, which such person is required to file under this code, except a statement of registration or other paper under article two of subchapter four of this chapter,

shall be guilty of an offense punishable by a fine of not more, than fifty dollars or by imprisonment for not more, than thirty days or by both such fine and imprisonment.

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