(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 |
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), failure to have a properly licensed asbestos abatement contractor on site during the demolition 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 |
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) | 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 for small structures; and for large structures, not less than $5,000.00 and not more than $10,000.00 for a first offense; $10,000.00 to $15,000.00 for a second offense occurring within two years; and $15,000.00 to $20,000.00 for any subsequent offense occurring within two years of two previous offenses. If a violation results in injury or death, or is the result of willful and wanton conduct, then the fine may be increased to up to $50,000.00 for any offense |
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 11-4-2190(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 for small structures; and for large structures, not less than $5,000.00 and not more than $10,000.00 for a first offense; $10,000.00 to $15,000.00 for a second offense within two years; and $15,000.00 to $20,000.00 for any subsequent offense within two years of two previous offenses |
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 |
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 | |
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; Amend Coun. J. 1-27-21, p. 26652, § 3; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 13)