(A) Whoever shall violate any of the provisions of these building regulations, or who shall interfere or hinder any officer in the discharge of his or her duties provided hereunder, shall be guilty of a class A infraction and shall be fined not less than $100, nor more than $1,000. Each day a violation of this code shall continue shall be and constitute a separate offense.
(B) The owner of a building, structure or portion thereof or of the premises where anything in violation of these building regulations shall be placed or shall exist; and an architect, engineer, building contractor, agent, person or entity employed in connection therewith, and who may have assisted in the commission of the violation shall each be guilty of a class A infraction. For each separate offense, upon conviction thereof, each shall be fined not less than $100, nor more than $1,000.
(C) The imposition of the penalties herein prescribed shall not preclude the Board of Public Works and Safety from instituting an appropriate action or proceeding to prevent an unlawful building or demolishment, or to restrain, correct or abate a violation or to prevent use of occupancy of a building, structure or portion thereof or of the premises; or to prevent an illegal act, conduct business or use in or about the premises.
(D) Any violation of §§ 150.095 through 150.106, or of any rule or regulation promoted by the Board of Health or Building Commissioner, or of any order made by either or both of these, directing the abatement of a nuisance, source of filth or cause or probable cause of sickness, is hereby declared a violation. Any person, firm, entity or member of a firm or officer or director of an entity, upon conviction thereof, may be fined up to $50 per day for each offense. If any offense is continued for more than one day, each day upon which the offense occurs or is continued, shall be considered and shall constitute a separate offense and a separate fine may be imposed therefor, with the maximum amount for the violations not to exceed $4,500 due to that original notice of violation.
(F) (1) Fines shall be according to the listed penalty in each corresponding section of the ordinance for the particular violation, and/or as listed in this section, as may be amended from time to time.
(2) Fines shall be collected by the City Attorney's Office.
(3) If the City of New Albany is required to expend resources and monies to remedy a violation after notice and opportunity for the property owner to remove or correct the violation, then the Enforcement Officer and/or the City Attorney's Office should file liens upon the property for the expenses as permitted by city ordinance, (see § 150.101(G)), and/or any other applicable ordinance.
(Ord. G-69-352, passed 3-7-1969; Ord. G-84-8, passed 4-2-1984; Ord. G-85-116, passed 12-2-1985; Ord. G-02-39, passed 10-17-2002; Ord. G-05-01, passed 1-20-2005; Ord. G-16-10, passed 10-3-2016)