(a)   Any person or entity who commits a Violation of the Building Code shall be deemed guilty of any unclassified misdemeanor and upon conviction of each violation thereof, shall be assessed a fine according to the Schedule of Fines set forth in 4-802.

Notwithstanding other penalties provided by this chapter, whenever the Building Official finds that any owner or contractor on a construction site has violated, or continues to violate, any provision of the Building Code or any order issued thereunder, the Building Official may after reasonable notice to the owner or contractor issue a stop work order to the owner and contractors by posting such order at the construction site. Said order shall also be distributed to all City departments and divisions whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval by the City associated with the building permit, grading permit, site development plan approval, or any other approval necessary to commence or to continue construction or to assume occupancy at the site. Issuance of a stop work order shall not be a bar against, or a prerequisite for, taking any other action against the violator. Failure to comply with the requirements of any stop work order is a violation of the Building Code.

(b)   “Violation of the Building Code” shall mean doing any act that is prohibited or made or declared unlawful under the Building Code; failure to perform any act that is required to be performed by, or otherwise failure to comply with any provision of, the Building Code; failure to carry out an order made pursuant to the Building Code, or violating any condition attached to a permit, approval, or certificate issued under the Building Code.

(c)   Notice of Violation.

(1)   Whenever the Building Official determines that there are violations of the Building Code, the Building Official shall issue and citation or order, including assessing any fine or stop work order.

(2)   Any citation or order issued pursuant to the Building Code shall be served upon the owner, operator, occupant, or other person responsible for the condition or violation, either by personal service or mail or by delivering the same to, and leaving it with some person of responsibility upon the premises.

(3)   For unattended or abandoned locations, a copy of such citation or order shall be posted on the premises in a conspicuous place at or near the entrance to such premises and the order or notice shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant, or both.

(d)   The imposition of a fine does not prevent revocation or suspension of a license, certificate, permit or franchise.

(e)   Violations of this Building Code that are continuous with respect to time may be abated by injunctive relief or other equitable relief. The imposition of a fine or order to stop work does not prevent the City from obtaining further equitable relief.

(f)   Violations of this Building Code that are continuous with respect to time shall be considered a separate violation for each day the violation continues.

(Ord. 1777-21)

The following Schedule of Fines for violations of this Building Code, shall apply:

(a)   Not more than $500.00 nor less than $100.00 for each count upon a first conviction.

(b)   Not more than $1,000.00 nor less than $200.00 for each count upon a second conviction that occurs within a 12-month period of the first conviction.

(c)   Not more than $2,000.00 nor less than $500.00 for each count upon a third conviction that occurs within a 12-month period of the second conviction.

(d)   Not more than $2,000.00 nor less than $500.00 for each count upon each conviction that occurs within a 12-month period of the third conviction.

(Ord. 1777-21)

(a)   Any person upon whom a fine has been imposed under the Building Code may appeal the violation and/or fine to the City municipal court not later than 30 days of the violation citation or imposition of such fine.

(b)   Any person directly aggrieved by any other decision, notice, or order of the Building Official, may appeal such decision to the Board within 30 days of the date of such decision, notice, or order. The appeal hearing shall occur at a meeting of the Board occurring no later than 14 days following the filing of the request therefore. At any such hearing, the person may be represented by counsel, and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Board. The hearing need not be conducted according to the formal rules of evidence. Following such hearing, the Board may make findings of fact and either (1) uphold the determination and order of the Building Official and order the Building Official to proceed with the decision and/or order of the Building Official, or (2) overturn the determination and order of the Building Official.

(Ord. 1777-21)

The City may delegate, by contract approved from time to time by the Governing Body, the function and authority of the Building Official to inspect buildings, structures, and premises for compliance with, and issue licenses pursuant to, the Building Code.

(Ord. 1777-21)