(A) It shall be the duty of the Building Inspector to enforce this title.
(B) Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and subject to the penalty provided in § 153.999.
(C) (1) In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the city, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding:
(a) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use.
(b) To prevent the occupancy of the building structure or land.
(c) To prevent any illegal act, conduct, business or use in or about the premises.
(d) To restrain, correct or abate the violation.
(2) When any such action is instituted by an owner or tenant, notice of such action shall be served upon the city at the time suit is begun, by serving a copy of the complaint on the chief executive officer of the city, no such action may be maintained until such notice has been given.
(D) In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes of this chapter.
(E) If a permanent injunction is decreed in any such action or proceeding, the court in its decree may, in its discretion, allow the plaintiff a reasonable sum of money for the services of the plaintiff’s attorney. This allowance shall be a part of the costs of the litigation assessed against the defendant, and may be recovered as such.
(1963 Code, § 10-19-3) (Ord. 590, passed 6-26- 1958)