(A) Unlawful acts. It shall be unlawful for any person (including, but not limited to, any individual, corporation, limited liability company, trust or other entity or responsible person) to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use or occupy or maintain any building, structure or building service equipment, or cause or permit same to be done in violation of this code and the technical codes.
(B) Occupancy or use violations. It shall be unlawful for any person to own, use, occupy, or allow, permit or suffer any use of a building, structure, or premises, or portion thereof, in violation of, any of this Administrative Code, or the code. Whenever any structure or portion thereof or equipment therein is being used contrary to the provisions of this code, or other pertinent laws or ordinances, or whenever any structure or portion thereof which was built contrary to the provisions of this code or other pertinent laws or ordinances, is being used or occupied, the Building Official may order such use discontinued and the structure, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within ten days after receipt of such notice to make the structure, or portion thereof, comply with the requirements of this code. No person shall own, use, occupy or maintain any unpermitted structure. For the purposes of this code, UNPERMITTED STRUCTURE shall be defined as any structure, or portion thereof, that was erected, constructed, enlarged, altered, repaired, moved, improved, removed, connected, converted, demolished, or equipped, at any point in time, without the required permit(s) having first been obtained from the Building Official, or any work for which a permit has expired.
(C) Any person, firm or corporation violating any of the provisions of this chapter or any of the codes adopted herein by reference shall be deemed guilty of a misdemeanor, unless prosecuted as an infraction in the discretion of the City Prosecutor or as an administrative citation as provided herein, and shall be punishable by a fine or by imprisonment not to exceed six calendar months in jail, or by both such fine and imprisonment. 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 the code is committed, continued or permitted.
(D) Separately and distinctly, any violation of the provisions of this chapter or any of the codes adopted herein by reference on any property in the city shall be deemed a public nuisance and may be abated by the city by civil process through the means of an injunction or restraining order, or pursuant to the provisions of this code and other applicable law pertaining to the abatement of public nuisances.
(E) Any person, firm or corporation violating any of the provisions of this chapter or any of the codes adopted herein by reference may be issued an administrative citation and fine pursuant to Chapter 1.17 of this code, provided that no such person, firm or corporation may be both prosecuted pursuant to division (C) and receive an administrative citation for the same violation.
(Ord. 2013-05 § 1, 2013; Ord. 2016-12 § 3, 2016; Ord. 2019-06 § 6, 2019; Ord. 2019-11 § 3, 2019; Ord. 2022-09, § 3 (part), 2022)