1364.105 VIOLATIONS

1364.105.1 Unlawful Acts

It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of Chapter 1364, including, the failure of any person, firm or corporation to comply with any order issued by the Building Commissioner pursuant to this code requiring any act to be undertaken.

1364.105.2 Notice of Violation

The Building Commissioner shall serve Notice of Violation in accordance with Section 1364.106.

1364.105.3 Prosecution of Violation

If a person, firm, or corporation to whom a Notice of Violation has been served does not bring the property at issue into compliance with the provisions of this code by the deadline established in the Notice of Violation or by the granted deadline extension, if any, such person shall be guilty of violation of this code and subject to the penalties set forth in Section 1364.105.4. If the Notice of Violation is not complied with, the Building Commissioner may institute the appropriate proceeding at law or in equity (including action for injunctive relief) to restrain, correct or abate such condition, or to require the removal or termination of the unlawful occupancy or use of the premises or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

1364.105.4 Violation Penalties

Failure to correct the conditions set forth in the Notice of Violation within the time allowed in such Notice or any extension to such Notice shall constitute a criminal misdemeanor offense for the unabated conditions set forth in the Notice of Violation and, additionally, a separate criminal misdemeanor offense for the failure to comply with the order of the Building Commissioner, as required in Section 1364.105.1.

Upon conviction of unabated violation(s), the owner and/or occupier shall be fined not more than one thousand dollars ($1,000) or imprisoned for not more than 180 days, or both. Each day such violation continues shall be deemed a separate offense. Any other person who commits, participates in or assists in the continuation of such violation may each be found guilty of a separate offense and suffer the penalties provided herein.

1364.105.5 General Penalty

The imposition of the penalties herein prescribed shall not preclude the Building Commissioner from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(Ord. 2015-63. Passed 9-1-15.)