A. Unlawful Acts: It shall be unlawful for any person to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or other improvement to real property regulated by this title, or cause same to be done, in conflict with or in violation of any provision in this title.
B. Notice Of Violation: The building official may issue a notice of violation ordering any person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition, use or occupancy of a building, structure, building service equipment system or other improvement in violation of the provisions of this title, or in violation of a permit or certificate issued pursuant to this Code. The notice of violation shall: 1) order the person responsible to communicate to the building official a plan to eliminate the violation within a specified period of time and 2) order the person to cease and abate the violation within a specified period of time. In the event the violation results in an unsafe condition or imminent danger, the building official may order the person upon whom the person to whom the notice of violation was issued to discontinue the use and/or occupancy until the unsafe condition or imminent danger has been eliminated.
C. Service Of Notice: Except as otherwise provided herein, whenever the building official issues a notice of violation pursuant to this section, the notice of violation shall be directed to the owner of the affected building, structure, building service equipment system or other improvement, and (if applicable) the occupant of the building or structure by:
1. Personal service or certified mail, return receipt requested and posting a placard at or near the entrance of the affected building or structure.
2. If the building official is unable to notify the owner or occupant of a notice of violation by personal service or certified mail, return receipt requested, after attempting to effect notice in both such manners, posting a placard in a visible location at or near the entrance of the affected building, structure or, if there is no building or structure, in a visible location on the real property containing the improvement, shall satisfy the notice requirements of this section.
D. Contents Of Order: Any notice of violation issued by the building official pursuant to this section shall be in writing and contain, at a minimum, the following information:
1. The street address and a legal description sufficient for identification of the real property upon which the building, structure, building service equipment system or other improvement is located;
2. A statement identifying the specific provisions of this title being violated and explaining the reason for the notice of violation; and
3. A directive ordering the person in violation make the repairs, improvements or other corrections required to bring the building, structure, building service equipment system or other improvement into compliance with the applicable provisions of this title within a specified period of time consistent with this section.
E. Violation; Penalties: Failure to comply with any requirement of this Code, subject to any appeal rights, shall be punishable as a misdemeanor as provided in section 1-3-1 of this Code.
F. Equitable Relief: Notwithstanding any other provision contained in this Code, the City may seek equitable relief in a court of competent jurisdiction to the extent necessary to prevent or remedy any violation of this title (including unsafe conditions or imminent dangers) or to enforce any order issued by the building official pursuant to this title, to include a notice of violation issued pursuant to this section. (Ord. 820, 7-11-2017)