(A) It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, fabricate, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure, other than fences, in the city or cause or permit the same to be done, contrary to or in violation of the provisions of this chapter.
(1) No person shall violate any provision of the code adopted herein, nor shall any person fail to comply with any of such codes; nor shall any person violate or fail to comply with any order made thereunder; nor shall any person, entity, corporation, or association build in violation of any submitted and approved statement of specifications or plans.
(2) The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all persons so violating shall be required to correct or remedy the violation or defect within a reasonable time.
(3) The application of the penalty provided in § 152.99 of this chapter shall not be held to prevent the enforced removal of prohibited conditions, structures, or attempted improvements.
(4) Each and every person, corporation, or association must first obtain a building permit, certificate of occupancy, and pay all fees necessary to obtain the same from the Building Commissioner before any construction, improvement, enlargement, excavation, or erection may occur. Any person violating this provision shall be required to pay a late filing fee of $25 and the permit fees or other fees that are required under the provisions of this chapter. Further, each day that construction, erection, enlargement, or installation of any building, structure, or improvement occurs before such permit is obtained and all fees are paid shall be counted and shall otherwise constitute as a new and separate violation of the provisions of this chapter; thus requiring an additional $25 for each such day to be paid by the offending operator or owner.
(B) The Building Commissioner shall in the name of the city bring actions in the Circuit or Superior Courts of Miami County, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this chapter.
(Ord. 2-1991, passed 2-4-91)