(a) The department of public safety shall enforce the provisions of this chapter relating to facilities for persons with disabilities and shall adopt rules which are necessary for the performance of its duties under this chapter.

(b) Any person may file a complaint with the commissioner of public safety alleging that a public building or unit is out of compliance with the provisions of this chapter. The commissioner shall investigate the complaint, and if substantiated, shall order that the public building or unit be brought into compliance with the provisions of this chapter within a reasonable period of time. Notwithstanding the foregoing, the commissioner may establish a priority system for the investigation and enforcement of this chapter.

(c) Any person who fails to carry out an order or condition attached to an approval shall be fined not more than $200.00 per day, not to exceed a maximum of $10,000.00, until compliance is effected.

(d) On application by the commissioner, the superior court for the county in which a violation of any rule adopted or any order issued under this chapter occurs shall have jurisdiction to enjoin or restrain the violation. An election by the commissioner to proceed under this subsection shall not limit or restrict the commissioner's authority under this or other subchapters.

(e) The commissioner may assess penalties under section 2734 of this title against a person who violates this chapter or any rule adopted under this chapter. (Added 2003, No. 141 (Adj. Sess.), § 5, eff. April 1, 2005.)