11-4-2200 Violations – Public nuisance – Civil penalties – Joint and several liability.

   (a)   Civil penalties. Violation of any of the provisions of this article is hereby declared to be a public nuisance. Any person found to have violated any of the provisions of this article shall be assessed a civil penalty in accordance with the following schedule.

Schedule:

Violation Type	Residential Structures With Four or Fewer Units	Residential Structures With More Than Four Units	All Other (Non Residential) Facilities, Structures or Architectural Surfaces
Failure to file a notice of intent and obtain required Department approval pursuant to Section 11-4-2170(a) or failure to obtain approved permit pursuant to Section 11-4-2190(a)	Not less than $2,000.00 and not more than $5,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to comply with Subsection 11-4-2170(e) or Subsection 11-4-2190(d)	Not less than $2,000.00 and not more than $5,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to comply with Subsection 11-4-2170(b), (c), or (d), or Subsection 11-4-2190(b), (c), (f), or (g)	Not less than $2,000.00 and not more than $5,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to comply with Subsection 11-4-2170(f)(1), 11-4-2170(f)(2), or 11-4-2170(f)(3)	Not less than $2,000.00 and not more than $5,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to comply with Subsection 11-4-2180(a)	Not less than $500.00 and not more than $1,000.00	Not less than $2,000.00 and not more than $5,000.00	Not less than $2,000.00 and not more than $5,000.00
Failure to comply with Subsection 11-4-2180(b)	Not less than $2,000.00 and not more than $5,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to maintain documentation on site required under Subsection 11-4-2170(a)(2) or Subsection 11-4-2190(a)(3), or failure to comply with Subsection 11-4-2190(e)	Not less than $250.00 and not more than $500.00	Not less than $500.00 and not more than $1,000.00	Not less than $500.00 and not more than $1,000.00
Providing any information required by Sections 11-4-2150 through 11-4-2190 which the providing person either knew or reasonably should have known was false or misleading at the time provided	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00
Failure to comply with Section 11-4-2195	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00	Not less than $5,000.00 and not more than $10,000.00

 

   Each day on which such a violation shall continue shall constitute a separate and distinct violation.

   (b)   Owners and contractors; joint and several responsibility. The owner(s) of any building, facility, structure, statue, or other architectural surface shall be jointly and severally liable with any contractor or other person retained or otherwise authorized by such owner(s) to perform any demolition, renovation, sandblasting, grinding, or chemical washing activity for any violation of this article caused by the action or inaction of any contractor or other person retained or otherwise authorized by the owner(s).

(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 12-9-15, p. 15681, § 1; Amend Coun. J. 3-13-19, p. 96335, § 2)