A. Violation:
1. Whenever the building inspector determines that there has been a violation or there are reasonable grounds to believe that there has been a violation of any provision of this chapter, or of any regulation adopted pursuant hereto, he shall give notice of such alleged violation to the person responsible therefor. Such notice shall:
a. Be written.
b. State the alleged violation.
c. Allow a period of thirty (30) days or as may be determined reasonable by the building inspector for the performance of any act required to cure the alleged violation.
d. Be served upon the owner or his agent or the occupant as the case may require; provided, that such notice or order shall be deemed to have been properly served upon such owner or agent, or upon such occupant, when a copy thereof has been sent by registered mail to his last known address; or a copy thereof has been posted in a conspicuous place in or about the premises affected by the notice; or when he has been served with such notice by any other method authorized or required by the laws of this state.
e. Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter, and with regulations adopted pursuant hereto. (Ord. 236, 5-10-1983)
2. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this chapter, or of any regulation adopted pursuant hereto, or is dissatisfied with any decision of the building inspector may file in the office of the building inspector a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the notice was served or the decision made. Upon receipt of such petition, the building inspector shall set a time and place for such hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard, and to show why such decision or notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided, that upon application of the petitioner, the building inspector may postpone the date of the hearing for a reasonable time beyond such ten (10) day period on his judgment that the petitioner has submitted a good and sufficient reason for such postponement. (Ord. 236, 5-10-1983; amd. 2015 Code)
3. After such hearing, the building inspector shall sustain, modify or withdraw the notice or decision, depending upon his findings as to compliance or noncompliance with the provisions of this chapter, and of regulations adopted pursuant hereto. If the building inspector should sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing shall not have been filed in the office of the building inspector within ten (10) days after such notice was served. After a hearing in the case of any notice suspending any permit required by this chapter, or by any regulation adopted pursuant hereto, when such notice shall have been sustained by the building inspector, the permit shall be deemed to have been revoked. Any such permit which shall have been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing shall not have been filed in the office of the building inspector within ten (10) days after such notice was served.
4. The proceedings at such hearing, including the findings and decision of the building inspector, shall be reduced to writing and entered as a matter of public record in the office of the building inspector. Such record shall include a copy of every notice or order issued in connection with the matter. Whenever the building inspector finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, but, upon petition to the building inspector, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to compliance or noncompliance with the provisions of this chapter, and of regulations adopted pursuant hereto, the building inspector shall continue such order in effect or modify or revoke it. (Ord. 236, 5-10-1983)
B. Misdemeanor Violation; Penalties:
1. Any person or corporation, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this chapter or permits any such violation or fails to comply with any of the requirements hereof, or who erects, constructs, reconstructs, alters, enlarges, converts, moves or uses any building or uses any land in violation of any detailed statement or plans submitted by him and approved under the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in section 1-4-1 of this code. Each week's continued violation shall constitute a separate additional violation. (Ord. 236, 5-10-1983; amd. 2015 Code)
2. In case any building or structure is erected, constructed, reconstructed, altered, converted or maintained or any building, structure or land is used in violation of this chapter, the proper legal authorities of the city, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such building, structure or land. (Ord. 236, 5-10-1983)