§ 18-145. Violations and penalties.

(a)

The following acts are violations of this ordinance and shall constitute grounds for enforcement action:

(1)

Failure to comply with any provision of this article.

(2)

Fraud, misrepresentation, deceit or gross negligence in any title loan transaction.

(3)

Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this article.

(4)

Willful imposition of illegal charges on any title loan transaction.

(5)

Aiding, abetting, or conspiring with an individual to circumvent or violate any of the requirements of this article or state or federal law.

(6)

Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years.

(7)

Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this article.

(8)

Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business.

(9)

Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one third of the value of the motor vehicle; except that, where a motor vehicle title loan agreement is with a borrower who has entered into a motor vehicle title loan agreement in the past with the same title loan lender and the contract relating to such prior transaction has been fully performed by all parties, a title loan agreement may provide for an amount of money advanced in an amount not exceeding one-half the value of the motor vehicle.

(10)

Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this article.

(11)

Failure to return the certificate of title or motor vehicle taken into possession to a borrower, with any and all of the title lender's liens on the property properly released, within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order.

(12)

Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this article.

(13)

Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid.

(14)

Charging a prepayment penalty.

(15)

Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement.

(16)

In any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, advertisement or hypothecation of a title loan transaction, directly or indirectly:

a.

To knowingly or willingly employ any devise, scheme or article to defraud;

b.

To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan;

c.

To obtain property by fraud, willful misrepresentation of a future act or false promise.

(17)

In any manner, to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry.

(18)

Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction in this county; or aiding assisting, or conspiring with any other person engaged in any such misconduct and in furtherance thereof.

(b)

The provisions of this article shall be enforced by any authorized code enforcement officer or law enforcement officer. Violations may be prosecuted as as described in Chapter 2, Article III as amended from time to time.

(Ord. No. 99-15, § 5, 7-13-99; Ord. No. 2004-09, § 14, 7-13-04)