(a) Unlawful Action. It shall be unlawful for any person, firm or corporation in charge or control of any building or premises where anything in violation of this Code is placed, whether as owner, agent, lessee, sub-lessee or occupant to erect, construct, enlarge, alter, substantially repair, improve, remove, convert, demolish, equip, use, occupy or maintain any one, two or three family dwellings or accessory structures in the jurisdiction or cause to permit the same to be done, contrary to or in violation of any of the provisions of this chapter or of the OBOA Code. Occupancy of any building shall not be taken until a Certificate of Use and Occupancy has been issued by the Building Department.
(b) Violations. It is hereby declared that any violation of this chapter or of the OBOA Code constitutes a public nuisance, and in addition to any other remedies provided under this chapter or by the OBOA Code for its enforcement, the City may bring civil suit to enjoin the violation of any provisions of this chapter or the OBOA Code. When the Building Official finds that work or equipment is not in substantial compliance with any provisions of this chapter or of the OBOA Code, he shall cause notice to be served in writing to the owner of said building or to his agent. The notice shall state in explicit detail where and in what respect the work or equipment does not conform to this chapter or the OBOA Code and specify a reasonable period of time in which to conform.
(c) Strict Liability. The failure to comply with any of the provisions of this chapter or of the OBOA Code and any violations of such provisions shall be deemed to be a strict liability offense.
(d) Penalty.
(1) Any person, firm or corporation which violates or fails to comply with any of the provisions of this chapter or of the OBOA Code for which no other penalty has been provided, or fails to comply with any order or regulation made thereunder, or builds in violation of a building permit or certificate issued thereunder, or occupies a structure without the required certificate of occupancy, is guilty of a minor misdemeanor on the first offense and such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation or failure to comply with any of the provisions of this chapter or of the OBOA Code is committed, continued or permitted, and upon conviction of any such violation or failure to comply, such person, firm or corporation may be punished by a fine, or by contempt of court penalties, as established by state or local laws.
(2) If, within one year of an initial violation or failure to comply with any of the provisions of this chapter or of the OBOA Code, the person, firm or corporation has been previously convicted of or pled guilty to any violation or failure to comply with any of the provisions of this chapter or of the OBOA Code, then such person, firm or corporation is guilty of a misdemeanor of the fourth degree and may be punishable by fine, or by imprisonment, or both such fine and imprisonment, as established by state or local laws.
(3) If, within one year of an initial violation or failure to comply with any of the provisions of this chapter or of the OBOA Code, the person, firm or corporation has been previously convicted of or pled guilty to two or more violations or failures to comply with any of the provisions of this chapter or of the OBOA Code, then such person, firm or corporation is guilty of a misdemeanor of the third degree and may be punishable by fine, or by imprisonment, or both such fine and imprisonment, as established by state or local laws.
(Ord. 12-101-99. Passed 12-21-99.)