(a) Whenever the person responsible under this chapter with the maintenance of a structure or premises fails to comply with any Final Order as provided in this chapter, the Village Solicitor may file an action seeking injunctive relief of other remedies provided by law.
(b) Whoever violates any provision of this chapter, or fails to comply with any Final Order as provided herein shall be, upon conviction, guilty of a misdemeanor of the first degree, and shall be fined not more than one thousand dollars ($1,000) or imprisoned not more than six months, or both. A separate offense shall be deemed committed each day on which a violation occurs or continues. Whoever continues to violate any provisions of this Chapter, or fails to comply with any final order as provided herein, after thirty (30) days of cited non- compliance, shall be, upon conviction, guilty of a misdemeanor of the fourth degree. A separate offense on such continuation of such violation beyond thirty (30) days shall be deemed committed each day on which a violation occurs or continues. Furthermore, whoever violates any provision of this chapter, or fails to comply with any Final Order as provided herein, on the same subject matter, for an additional time or times within two (2) years of the initial conviction, shall be, upon further conviction, guilty of a misdemeanor of the third degree. A separate offense on such subsequent violation within two (2) years shall be deemed committed each day on which a violation or non-compliance occurs or continues. Any violation of this code shall be deemed a strict liability offense.
(c) Whoever violates any provision of this chapter, or fails to comply with any Final Order as provided herein, on more than one subject matter in any two (2) year period separate and distinct from a conviction upon a prior subject matter, shall be, upon conviction of the same, guilty of a misdemeanor of the third degree. A separate offense on such subsequent subject matter within two (2) years shall be deemed committed each day on which a violation or noncompliance occurs or continues.
(d) The imposition of the penalties herein prescribed shall not preclude the Solicitor of the Village of Milan from instituting appropriate action to restrain, correct or abate a violation.
(e) Transfer of Ownership: It shall be unlawful for the owner of any structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Building Code Official and/or his/her designee and shall furnish to the Building Code Official and/or his/her designee a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
(Ord. 444-02-07. Passed 2-20-07.)
CODIFIED ORDINANCES OF MILAN