(A) It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any structure or land in violation of any regulation in, or any provisions of, this chapter or any regulation enacted hereunder by the Commission or Board. Unless otherwise specified herein, any person who initiates such construction activities, for which a building permit is required by the relevant provisions of this chapter, prior to obtaining a building permit and all other required permits shall be subject to a fine of $500 and may be required to remove or modify improvements made prior to issuance of all requisite permits that:
(1) Do not conform with all relevant provisions of this chapter; or
(2) Because any such improvements are covered or concealed and not open to inspection, their conformance with all relevant provisions of this chapter cannot be confirmed.
(B) Any person who initiates such construction activities on residential property, other than a developer or contractor, for which a building permit is required by the relevant provisions of this chapter, prior to obtaining a building permit and all other required permits, shall be subject to a fine of $100, rather than the $500 fine referenced above. Any person who otherwise violates this chapter or fails to comply with its other provisions shall be fined not less than $10 and not more than $300. Each day the violation continues shall constitute a separate and distinct violation. The Zoning Administrator and the Plan Commission are each independently authorized to assess fines authorized by this section. Any appeal of a fine assessed by the Zoning Administrator or by the Plan Commission shall be pursued in accordance with § 156.062 of this chapter. Any request for a reduction or waiver of a fine shall be presented in writing to the Plan Commission for consideration.
(C) In addition, a structure erected, raised or converted, or land or premises used, in violation of this chapter, or regulation made under this chapter, is a common nuisance and the owner or possessor of the structure, land or premises is liable for maintaining a common nuisance and subject to the enforcement and penalty provisions of this code of ordinances for common nuisances.
(D) The owner or tenant of any residential lot on which there exists any violation of §§ 156.385 to 156.389 shall be notified of the violation and afforded three days after notice to bring the residential lot into compliance. Failure to bring the residential lot withing three days of notice will be subject the owner or tenant of the residential lot to a fine of $50 per day for each day the violation exists, dating back to the first day of the violation. Any subsequent violation occurring within 60 days after the residential lot is brought into compliance will subject the owner or tenant of the residential lot to a fine of $100 per day for as long as the violation continues from the first day of violation until the property is brought into compliance.
(2004 Code, § 3-500) (Ord. 994, passed 3-3-1999; Ord. 1020, passed 6-20-2000; Ord. 2001, passed 2-15-2005; Ord. 2023, passed 2-21-2006; Ord. 2063, passed 11-20-2007; Ord. 2122, passed 3-2-2010)