(A) Any person violating any provision of this chapter, for which no other penalty is provided, shall be subject to the penalty provisions of § 10.99.
(B) Any penalty clauses in either of the codes referenced in § 150.01 is hereby deleted in its entirety and replaced by the following.
(1) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip or maintain any residential or nonresidential building or structure or cause or permit the same to be done in violation of either one or all Codes as herein referenced.
(2) Any person, firm or corporation violating any of the provisions of either Code as herein referenced shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of either or all of such Codes is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished by a fine of not more than $300.
(C) (1) Any person, firm or corporation violating any of the provisions of the Code as herein referenced in § 150.15 shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of such Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished by a fine of not more than $300.
(2) (a) With respect to a violation of § 302.4 of the 2012 Edition of the International Property Code as herein referenced, any person, firm or corporation violating any of the provisions of said § 302.4 as herein referenced shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of said § 302.4 is committed, continued or permitted, and upon conviction of any such violation shall be punished by a fine of not less than $300 nor more than $1,000.
(b) 1. Any person, firm or corporation that has been cited with a violation of said § 302.4 as herein referenced at least five times within a period of 18 consecutive months from the date of the first citation, whether or not convicted with respect to prior citations, and upon the issuance of the fifth citation, shall be deemed guilty of a misdemeanor, and upon conviction stemming from repeated citations as herein provided shall be punished by a fine of not less than $300 nor more than $1,000.
2. The penalties as herein provided are mandatory and the Judge of the Municipal Court shall have no discretion or authority to waive, defer, dismiss, alter or accept a plea bargain with respect thereto.
(D) The following penalties, herewith set forth in full, shall apply to § 150.30.
(2) Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punished by a fine of not more than $300.
(E) (1) It shall be unlawful for any person, firm or corporation to erect, construct, renovate, enlarge, alter, repair, improve, convert, equip, use, occupy or maintain any building or structure in the town, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings or the Colorado Recommended Energy Conservation “Performance” Code for New Construction and Renovation of Residential Buildings.
(2) Any person, firm or corporation violating any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings, of the Colorado Recommended Energy Conservation “Performance” Code for New Construction and Renovation of Residential Buildings or of § 150.45 shall be punishable by a fine not exceeding $300. Each and every day or portion thereof during which any such violation is committed, continued or permitted, shall be considered a separate offense.
(F) A person so building or removing a wooden building in violation of § 150.65 who fails to abate such nuisance after three days conviction thereof shall be fined not less than $10 nor more than $100.
(G) Any person who shall violate any provision of §§ 150.60 through 150.68, or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall erect a building or other structure, in violation of any detailed plan or specifications submitted and approved thereunder, or any permit issued thereunder, shall for and every violation for noncompliance forfeit and pay a penalty of not less than $5 nor more than $50. The imposition of one penalty for any violation of §§ 150.60 through 150.68 shall note excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and each period of ten days thereafter during which any such prohibited condition is maintained shall constitute a separate offense.
(Ord. 56, passed 5-23-1939; Ord. 1975-6, passed 8-12-1975; Ord. 1978-2, passed 8-8-1978; Ord. 2012-2, passed 6-14-2012; Ord. 2013-1, passed 2-12-2013; Ord. 2015-3, passed 5-12-2015; Ord. 2019-1, passed 2-12-2019)