(A) Notice. Any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall alter the use of land or build, reconstruct or structurally alter any building without first securing an improvement location permit, or who shall build, reconstruct or structurally alter any building in violation of any detailed statement of plan submitted and approved thereunder, or who shall occupy such altered land use or new or structurally altered building prior to securing a certificate of occupancy, shall, for each and every violation or non-compliance be guilty of a misdemeanor and, upon conviction, shall be fined up to the maximum permitted by state law per day that said violation continues to exist.
(B) Notice of violation. The notice of any violation of this chapter shall be as follows.
(1) Whenever the Building Commissioner determines that there is a violation of any provision of this chapter, a notice of such violation shall be issued. Such notice shall:
(a) Be in writing;
(b) Identify the violation;
(c) Include a statement of the reason or reasons why it is being issued and refer to the subchapter and section of this chapter being violated; and
(d) State the time by which the violation shall be corrected.
(2) Service of notice of the violation shall be as follows:
(a) By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of 16 years or older;
(b) By certified mail, and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or
(c) By posting a copy of the notice form in a conspicuous place on the premises found in violation.
(C) Remedies.
(1) The Commission, the Board, the Building Commissioner or any designated enforcement official or any person or persons, firm or corporation jointly or severally aggrieved, may institute a suit for injunction in the Circuit Court of the county to restrain an individual or a government unit from violating the provisions of this chapter.
(2) The Commission or the Board may also institute a suit for mandatory injunction directing any individual, a corporation or a governmental unit to remove a structure erected in violation of the provisions of this chapter or the requirements thereof.
(3) Any building, erected, raised or converted, or land or premises used in violation of any provisions of this chapter or the requirements thereof, is hereby declared to be a common nuisance and as such may be abated in such a manner as nuisances are now or may hereafter be abated under existing law.
(Ord. passed 9-26-2006)