Violations of this chapter shall be treated in the manner specified below.
(A) Any person who starts work for which a permit (building, conditional use, variance, or rezoning) is required by this chapter, without first securing such permit and paying the prescribed fee, shall be charged according to the provisions of this section. All administrative fees assessed thereunder shall be rounded to the nearest whole dollar.
(1) Upon finding such violation, the Administrative Official shall notify the owner of property by sending a written notification of the requirement that a permit be obtained to the owner of the property involved by certified mail with return receipt requested. If application for said permit is filed within ten working days from the date of mailing of the certified letter, an administrative fee shall be assessed in the amount of 100% of the fee for the building/use permit, plus the cost of the postage for mailing the aforementioned notice. In no case shall this administrative fee be less than $25, including the postage costs.
(2) If application for said permit is filed after the deadline of ten working days from the date of mailing of the certified letter notifying the party thereof, there shall be imposed an administrative fee in the amount of two times the normal fee for the associated building/use permit, conditional use permit, variance, and/or rezoning plus the cost of the postage for mailing the aforementioned notice. The payment of the administrative fee shall not relieve such person from the provisions of division (B) below and § 154.999
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(3) Any administrative fee or penalty imposed under the provisions of this chapter shall be in addition to any other fees or charges required under this chapter.
(B) It is declared unlawful for any the owner or agent of a building or premises in or upon which a violation of any provision of these regulations has been committed or shall exist, or the lessee or tenant of an entire building or entire premises in or upon which violation has been committed or shall exist, or the agent, architect, building contractor, or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist to violate any of the terms and provisions of these regulations or other official control adopted by the City Council pursuant thereto. Any person who violates, disobeys, omits, neglects, or refuses to comply with or resists the enforcement of any provision of this chapter may be subject to a civil or criminal penalty, as set forth in § 154.999
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(C) In the event any building or structure is erected, constructed, reconstructed, altered, converted, repaired, or, maintained; or any building or structure or land is used in violation of this chapter or other regulation the Administrative Official, or the city, as a corporation or any interested person, in addition to other remedies, may institute injunction, mandamus, or any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, conversion, maintenance or use of land, to restrain, correct or abate such violation, to prevent the occupancy of said building or land or to prevent any illegal act, conduct, business, or use in and to and of such premises.
(D) Any taxpayer of the city may institute mandamus proceedings in Circuit Court to compel specific performance by the proper official or officials of any duty required by these regulations.
(Ord. 842, passed 3-14-2022) Penalty, see § 54.999