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(Prior Code, § 6.1.4)
(B) (1) Any person, firm or corporation violating any provisions of §§ 150.095 through 150.101, including the filing of the certification provided for under § 150.100 or who shall fail to comply with the lawful order issued by the Building Commissioner of the town for any violation or failure, shall be fined in the amount of not less than $100 nor more than $1,000 for each violation.
(2) Each day the violation is permitted to continue may be deemed to constitute a separate offense.
(Prior Code, 6.2.8)
(C) (1) Whenever a person who is either an applicant for a building permit or an obtainer of a building permit owes fees (including checks returned for insufficient funds, permit fees or inspection fees) to the Building Commissioner, the Building Commissioner may withhold the issuance of subsequently requested permits until the time that the debt is satisfied.
(2) Whenever a person applies for a building permit for a structure that is not being used or constructed in conformance with applicable provisions of Chapter 152 or other ordinance relating to land use, the Building Commissioner is authorized to withhold the issuance of requested permits until the time that the property is brought into conformance with applicable ordinances. This includes the right of the Building Commissioner to require that the permit application be expanded to cover construction necessary to bring the structure into compliance before the issuance of the requested permit.
(3) The Building Commissioner may revoke a building permit when any of the following are applicable:
(a) The application, plans or supporting documents contain a false statement or misrepresentation as to a material fact;
(b) The application, plans or supporting documents reflect a lack of compliance with building standards and procedures;
(c) There is failure to comply with the Building Code; and/or
(d) The structure for which the building permit has been issued is not being used or constructed in conformance with Chapter 152 or other ordinance relating to land use.
(4) (a) The Building Commissioner or the Building Inspector may issue an order requiring suspension of the pertinent construction (stop-work order) in accordance with this section.
(b) The stop-work order shall:
1. Be in writing;
2. State with specificity the construction to which it is applicable and the reason for its issuance;
3. Be posted on the property in a conspicuous place;
4. If practicable, be given to:
a. The person doing the construction; and
b. The owner of the property or the owner's agent; and
5. The stop-work order shall state the conditions under which construction may be resumed.
(5) The Building Commissioner or the Building Inspector may issue a stop-work order if:
(a) Construction is proceeding in an unsafe manner including, but not limited to, in violation of any standard set forth in this Building Code or any state law pertaining to safety during construction;
(b) Construction is occurring in violation of this Building Code or in a manner that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation;
(c) Construction for which a building permit is required is proceeding without a building permit being in force; and
(d) Construction is occurring where there is a violation of Chapter 152.
(6) The issuance of a stop-work order shall in no way limit the operation of penalties provided elsewhere in this Building Code.
(7) Pursuant to I.C. 36-1-6-4, the town may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of this Building Code.
(8) (a) Any person or agent in charge of the building or land, who violates, disobeys, omits, neglects or refuses to comply with any provisions of this ordinance or amendment thereof, shall be fined, upon conviction, not more than $100 for each day's violation plus cost of prosecution. Each and every day during which any illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
(b) The Plan Commission, the Board of Zoning Appeals, the Town Attorney or the Town Council may institute a suit for injunction to restrain any person from violating the provisions of this chapter.
(9) Any person aggrieved by an order issued under this Building Code shall have the right to petition for review of any order of the Building Commissioner or the Building Inspector. The person may file a petition using either or both, of the following procedures:
(a) Appeal to the Fire Prevention and Building Safety Commission.
1. A person aggrieved by an order issued under this Building Code may submit a petition of review to the Fire Prevention and Building Safety Commission, in accordance with I.C. 22-13-2-7.
2. The Commission may modify or reverse any order that covers a subject governed by I.C. 22-12, 22-13, 22-14, 22-15, a fire safety or a building rule.
3. The Fire Prevention and Building Safety Commission must review orders that concern a Class 2 structure if the person aggrieved by the order petitions for review under I.C. 4-21.5-3-7 within 30 days after the issuance of the order.
4. The Fire Prevention and Building Safety Commission may review all other orders issued under this Building Code that cover a subject governed by I.C. 22-12, 22-13, 22-14, 22-15, a fire safety rule or a building rule.
5. The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(b) Appeal to an established local administrative body or court. Pursuant to I.C. 36-1-6-9, the town hereby establishes by this chapter that the Board of Zoning Appeals shall hear appeals of orders issued under this chapter, and any person aggrieved by an order may petition for review with this administrative body in accordance with the chapter. If, for any reason, the Board of Zoning Appeals ceases to exist, then the person may petition a court for judicial review of the order.
(D) Any failure to comply with any provision of this chapter shall constitute a violation thereof and any person who shall violate any provision of this chapter shall, upon the determination, be punished by a fine. In addition to this penalty, the town may seek and obtain an injunction against any person enjoining them from further violations. Any violations of an injunction may be further punished under the contempt powers of the court issuing the injunction. Further, after written notification in accordance with this chapter and failure to repair the stated deficiency, the Town Council may order the work performed by an independent contractor and recover the cost of the work and related legal fees and postage necessary to cause compliance from the owner of the property by attachment to the property tax levy.
(Ord. 192, passed 4-18-1966; Ord. 00-005, passed 10-25-2000; Ord. 09-002, passed 5-12-2009)