(a) If the operator of a commercial lodging establishment fails to cure a violation of this chapter before the 30th day after the date the operator receives notice of the violation under Section 114.0102, the establishment is liable to this state for a civil penalty in an amount not to exceed $500 for each violation. Each day a violation continues is a separate violation for purposes of imposing the civil penalty.
(b) In determining the amount of a civil penalty to impose under this section, a court must consider:
(1) the seriousness of a violation;
(2) a history of previous violations;
(3) the amount necessary to deter a future violation;
(4) efforts made to correct a violation; and
(5) any other matter that justice may require.