The Building Commissioner shall enforce the terms and provisions of this subchapter. Whenever the Building Commissioner finds that a person has committed a prohibited act or failed to comply with any of the terms and provisions of this subchapter, the Building Commissioner may take any one or more of the following actions.
(A) Right of entry.
(1) Whenever necessary to make an inspection to enforce any of the provisions of this subchapter, the Building Commissioner may enter any building or premises at all reasonable times to inspect them or to perform any duty imposed upon the Building Commissioner by this subchapter.
(2) If a building or premises is occupied, the Building Commissioner shall first present proper credentials and demand entry. If the building or premises is unoccupied, he or she shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If entry is refused, the Building Commissioner shall have recourse to every remedy provided by law to secure entry.
(3) No owner or occupant or any other person having charge or control of any building or premises shall fail or neglect, after proper demand is made as provided in this subchapter, to promptly permit entry in the building or premises by the Building Commissioner for the purpose of inspection and examination pursuant to this subchapter.
(B) Stop work order. Whenever any construction is being done contrary to the terms and provisions of this subchapter, the Building Commissioner may order the construction stopped by written notice served on any persons engaged in or causing that work to be done, and all those persons shall immediately stop that construction until authorized by the Building Commissioner to proceed with the construction. As an additional part of the notice, the Building Commissioner shall post the stop work order in a prominent place on the building or project and shall serve a copy of the notice of the order to stop work by regular United States mail on the person holding or requesting the permit. The issuance of a stop work order shall in no way limit the operation of the civil penalty provisions provided in § 151.99.
(C) Withhold issuance of permits. Whenever a person applies for a permit for a site, building or structure that is not being used or constructed in conformance with the applicable provisions of this subchapter or the County Zoning Ordinance or any other county ordinance relating to land use, the Building Commissioner is authorized to withhold the issuance of requested permits until such time that the property is brought into compliance with applicable ordinances and codes. The withholding of the issuance of a permit shall in no way limit the operation of the civil penalty provisions provided in § 151.99.
(D) Permit revocation.
(1) The Building Commissioner may revoke a 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 the building codes, rules, standards or procedures;
(c) There is a failure to comply with this subchapter; or
(d) A building or structure for which the permit has been issued is not being used or constructed in conformance with this subchapter or the County Zoning Ordinance or any other county ordinance related to land use.
(2) The revocation of a permit shall in no way limit the operation of the civil penalty provisions provided in § 151.99.
(E) Agreed order. The Building Commissioner, in the name of the Building Department, may enter into an agreed order with the approval of the Director which order may include the payment of a civil penalty and other expenses associated with the enforcement of this subchapter by the Building Department.
(F) Suit for civil penalties. The Building Commissioner, in the name of the Building Department, may file a complaint in a court of competent jurisdiction within the county seeking a judicial determination that this subchapter has been violated and requesting the imposition of civil penalties.
(G) Enforcement of agreed order. The Building Commissioner, in the name of the Building Department, may file a complaint in a court of competent jurisdiction within the county seeking to enforce the terms of an agreed order.
(H) Injunctive relief. The Building Commissioner, in the name of the Building Department, may petition a court of competent jurisdiction within the county for the issuance of a temporary restraining order or permanent injunction which restrains the violation of or requires specific compliance with this subchapter or any codes, rules, standards or procedures established pursuant to the terms of this subchapter. Any such action for mandatory or injunctive relief may be joined with an action to recover the civil penalties provided for in this subchapter.
(I) Other action. Nothing contained herein shall prevent the Building Commissioner from taking any other lawful action as is necessary to prevent or remedy any violation of this subchapter.
(Ord. 08-400, passed 11-3-2008; Ord. 2013-330, passed 8-5-2013)