Sec.
[D26-52.01] 27-2118 Penalties; willful or reckless
violations; false statements
(a) Any person
who
(1) Willfully
or recklessly violates any provisions of this chapter; or
(2) Willfully
or recklessly violates, or fails to comply with, any requirement of an order
of the department, or
(3) Willfully
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 willful 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 willful 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 willfulness of defendant's action. This subdivision shall
not be construed to prevent conviction for a willful violation on other grounds.
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Sec.
[D26-52.03] 27-2119 Penalties; refusal to admit
and interference with inspection; failure to submit reports
Any person (1)
who 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) who 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 2 of subchapter 4 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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