(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 or exists, whether as owner, agent, lessee, sub-lessee, or occupant to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any buildings or structures subject to this code 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 the International Property Maintenance Code. Occupancy of any building shall not be taken until a certificate of use and occupancy has been issued by the Code Official.
(b) Violations. It is hereby declared that any violations of this chapter, or of the International Property Maintenance Code constitutes a public nuisance, and in addition to any other remedies provided under this chapter or by the International Property Maintenance Code for its enforcement, the City may bring civil suit to enjoin the violation of any provisions of this chapter, or of the International Property Maintenance Code. When the Code Official finds that work or equipment is contrary to any provisions of this chapter, or of the International Property Maintenance Code, he shall cause notice to be served in writing on the owner or agent and to his general contractor, if applicable, of said building. The notice shall state where and in what respect the work or equipment does not conform to this chapter, or of the International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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 International Property Maintenance 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. 03-14-19. Passed 3-19-19.)