INTERNATIONAL MECHANICAL CODE Section 108.4 is hereby repealed and replaced to read as follows:
108.4 Criminal penalties and Noncompliance. Any person, firm or corporation violating the provisions of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than one thousand dollars ($1,000.00), by imprisonment for not more than one hundred eighty (180) days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this Code occurs or continues shall be deemed to constitute a separate offense, and upon conviction thereof shall be punishable as herein provided.
A. At the discretion of the Division Manager of the Building Division, the City may charge the offender with an infraction in lieu of a misdemeanor. The infraction shall be payable by a fine of three hundred dollars ($300.00). There shall be no right to a trial by jury for an infraction citation or complaint.
B. For purposes of trial by court or jury, the infraction described within this section shall not constitute a lesser included offense for any misdemeanor citation or complaint.
C. A prosecuting attorney may reduce a misdemeanor charge under this chapter to an infraction as described herein, payable by a $300 fine, if the defendant engages in corrective actions resulting in fully completed and permitted work.
The Building Division may request assistance from code compliance officers, as designated authorized agents of the Planning & Development Services Director and code official, to gain compliance with this Chapter of City Code for noncompliant cases.
For unaddressed noncompliant items at a building or site, the code official may record a Notice of Noncompliance against the property with the Ada County Recorder's office. When compliance is later gained at the building or site through an approval, permitting, and inspection process, the code official shall then record a Notice of Compliance against the property with the Ada County Recorder's office indicating the building or site is now in compliance with this Chapter of City Code for the subject items.
(Ord. 22-19, 6-11-2019; amd. Ord. 29-24, 11-12-2024)