(A) County Building Code.
(1) Fines. Any person found to be in violation of the County Building Code subchapter of this chapter shall be guilty of an ordinance violation and shall be subject to a civil penalty of up to $2,500 for each violation. Each day that a violation continues shall constitute a separate violation. Any failure to comply with any of the terms and provisions of the County Building Code subchapter of this chapter shall constitute a violation. The assessment of a civil penalty shall in no way limit the operation of any other enforcement remedies provided elsewhere in the County Building Code subchapter of this chapter.
(2) Additional recovery. The Building Department may recover reasonable attorney fees, court costs and other expenses associated with the enforcement of the County Building Code subchapter of this chapter from any person found to be in violation of the County Building Code subchapter of this chapter.
(B) Unsafe buildings.
(1) If a person to whom the County Building Commissioner issued an order requiring the repair or rehabilitation of an unsafe building fails or refuses to comply with such order within 60 days or the time specified in the order, the County Building Commissioner may impose a civil penalty of not more than $2,500. The County Building Commissioner may impose an additional civil penalty of not more than $1,000 every 90 days if the person to whom the order was issued continues to fail or refuse to comply with the order.
(2) If the Hearing Authority finds that there has been a willful failure to comply with an order issued by the County Building Commissioner, the Hearing Authority may impose a civil penalty of not more than $5,000. The Hearing Authority may impose additional civil penalties of not more than $5,000 each, if the Hearing Authority finds that:
(a) Significant work on the premises in compliance with the order has not been accomplished; and
(b) The premises have a negative impact on property values or quality of life in the surrounding area or that the premises require the provision of services by local government in excess of the services required by ordinary properties.
(3) If a civil penalty is unpaid for more than 15 days after payment is due, the civil penalty may be collected from any person against whom the Hearing Authority or County Building Commissioner assessed the civil penalty or fine. A civil penalty may be certified to the county auditor and collected in accordance with the State Unsafe Building Law. All civil penalties collected shall be made payable to and shall be deposited in the County Unsafe Building Fund.
(Prior Code, § 36-7-9-1)
(Ord. 08-400, passed 11-3-2008; Ord. 08-419, passed 11-3-2008; Ord. CO-2020-43, passed 12-28-2020)