A. 114.4 Violation penalties. (2022 CBC Section 114)
Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters, or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.
B. 109.3 Prosecution of violation. (2021 IPMC)
Any person failing to comply with a notice of violation or order served in accordance with Section 111.4 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
This section classifies a violation as a "strict liability offense," which is defined in Section 202; thus, it is not required to prove that the person intended to violate the code or was negligent in doing so. All that is required for conviction is that the notice of violation for correction was properly served and that the person failed to comply. This aids jurisdictions in prosecuting code violators.
The code official must pursue, with legal counsel of the jurisdiction, legal means to correct the violation.
Any extensions of time for the violations to be voluntarily corrected must be for a reasonable, bona fide cause or the code official may be subject to criticism for "arbitrary and capricious" actions. In general, it is better to have a standard time limitation for correction of violations. Departures from this standard must be for a clear and reasonable purpose, usually stated in writing by the violator. The code provides a mechanism for the municipality to recover costs expended on a property through placing a lien on the property. For example, if an unimproved lot had to be mown throughout the summer growing season, the cost of the mowing could be recovered through a lien on the property.
C. 109.4 Violation penalties. (2021 IPMC)
Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
An adopting jurisdiction is permitted to assess penalties for violations of the code. The penalties include monetary fines, as well as possible imprisonment. The severity of the fine or penalty is left for the jurisdiction to establish. The local jurisdiction, through its council and attorney or other administrative authority, will normally designate the range for the dollar amount of fines; however, the judge will determine the actual fine. This encourages support and agreement from all parties when enforcement action is taken. Fines should be large enough to discourage noncompliance with the code, but not so large as to be inappropriate for the violation being charged.
Each day a violation continues unabated after proper notice has been served is to be deemed a separate offense and may be charged as such. In general, it is better to cite violations daily. This action may expedite a court hearing or cause the owner to correct the violations rather than risk exorbitant fines or imprisonment. Whether to cite violations daily is a policy decision and should be made in cooperation with the attorney who will prosecute the cases.
Any person who commences work without the necessary permits shall be subject to the following penalties:
A. Penalties within a twelve (12) month period:
1. First Offense: an investigation fee equal to the permit fee.
2. Second Offense: an investigation fee equal to two times the permit fee and a five-hundred-dollar ($500.00) penalty fee.
3. Third Offense: an investigation fee equal to three times the permit fee and a one-thousand-dollar ($1,000.00) penalty fee.
4. Four or More Offenses: Four or more offenses shall result in referral of the matter to the City Attorney for prosecution.
B. The foregoing penalties, applicable to first, second, third, and fourth offenses for those commencing work without all necessary permits, supersede any conflicting provisions of this code governing the penalties for violation of any provision thereof. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense.
C. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(Ord. 2022-04 § 3 (part), 2022; Ord. 2014-01 § 3 (part), 2014)