(a) Unlawful Action. It shall be unlawful for any person, firm or corporation in charge or control of any building or premises wherein 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 buildings or structures subject to this code in the jurisdiction or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter, the OBBC. Occupancy of any building shall not be taken until a certificate of use and occupancy has been issued by the Building Inspector.
(b) Violations. It is hereby declared that substantial violations of this chapter, of the OBBC constitute a public nuisance, and in addition to any other remedies provided under this chapter or by the OBBC Code for its enforcement, the City may bring civil suit to enjoin the violation of provisions of this chapter, the OBBC Code. When the building official finds that work or equipment is contrary to provisions of this chapter, of the OBBC Code, he shall serve a notice in writing, in person or be registered mail, or by regular U.S. Mail if registered mail is refused or unclaimed, to the owner of said building or to his agent and to the general contractor, if applicable. The notice shall state where and in what respect the work or equipment does not conform to this chapter, the OBBC 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, of the OBBC 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 OBBC 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 OBBC 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 OBBC 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 OBBC 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 OBBC 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 OBBC 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. 12-103-99. Passed 12-21-99.)