The commercial provisions of the International Energy Conservation Code, 2018 edition, as adopted, are hereby amended as follows:
A. Chapter 1 "Administration" is amended as follows:
C101.1 Title: All references to [name of jurisdiction] shall be construed to mean Power County.
C107 Fees: Delete sections C107.1, C107.2, C107.4, C107.5 and replace with the following:
Fees for the 2015 International Energy Conservation Code will be included with the building permit fee established in section 8-1-8 of the County Code.
C108.4 Unlawful Continuance: Amend this section and add second paragraph as follows:
Unlawful continuance: Any person who shall continue any work in or about the building or structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to the penalties as prescribed in Power County Ordinance NO. 2020-03 instrument NO. 216517,
The Building Administrator or his or her designee shall be the enforcement officer of this Ordinance.
a. ENFORCEMENT AS AN INFRACTION: Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this ordinance may be charged with an infraction, and upon conviction thereof shall be subject to a fine of not more than one ($100.00) hundred dollars plus court costs. Each day on which the violation occurs may be deemed a separate offense.
b. ENFORCEMENT AS A MISDEMEANOR:
Any person, firm, or corporation who fails to comply with, or violates, any of the provisions of this ordinance may be charged with a misdemeanor violation, and upon conviction thereof shall be subject to a fine of not more than three ($300.00) hundred dollars, or imprisonment for a period not exceeding six (6) months, or both. Each day on which the violation occurs may be deemed a separate offense. Any person, firm, or corporation who pleads guilty to or is found guilty of a violation of this provision, Power County Building Ordinance NO. 2020-03, instrument NO. 216517, Section three (3), subsection C108.4, Unlawful continuance, on two (2) prior occasions, notwithstanding the form of the judgments or withheld judgments, is guilty of a MISDEMEANOR as provided in Section three (3), subsection C108.4.b of this Ordinance.
c. CIVIL ENFORCEMENT: Appropriate actions and proceedings may be taken at law or in equity to prevent any violation of these regulations, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building, structure, or premises; and these remedies may be in place of the other penalties described in this section.
C109 BOARD OF APPEALS: Delete Subsections C109.1, C109.2, AND C109.3 in their entirety and replace with the following:
Appeals of order, decisions or determinations made by the Building Administrator shall be heard by the Planning and Zoning Board.
APPEALS OF THE BUILDING ADMINISTRATOR DECISIONS:
A. The Planning and Zoning Board shall serve as the decision making body for appeals of decisions of the Building Administrator. The Building Administrators decision may be appealed to the Planning and Zoning Board by the applicant or any other aggrieved person within fourteen (14) days of the decision to be appealed. The notice shall be a written Notice of Appeal and filed with the Planning and Zoning Administrator.
B. Not more than forty-five (45) days following the notice filing, the Planning and Zoning Board shall meet to consider the appeal. The hearing shall not be a public hearing, but shall be open to the public. The hearing shall be an "on the record review". During the hearing, County staff shall be available to present the application and answer questions; however, comments will not be received from the audience. The Planning and Zoning Board shall consider such findings, reports, comments, and recommendations as forwarded to them by the Building Administrator in rendering their decision. The Planning and Zoning Board's decision may be appealed to the Board of Power County Commissioners within fourteen (14) days of delivery of the decision to the applicant.
C. Not more than forty-five (45) days following the notice filing, the Board of Power County Commissioners shall meet to consider the appeal. The hearing shall not be a public hearing, but shall be open to the public. The hearing shall be an "on the record review". During the hearing, county staff shall be available to present the application and answer questions; however, comments will not be received from the audience. The Board of County Commissioners shall review the Planning and Zoning Board's findings and the appellant's arguments and reach a final decision to uphold, reverse, modify, or return the Planning and Zoning Board's decision for further findings.
D. The Building Administrator shall take immediate action in accordance with the decision of the governing body.
C110 Add new sub section C110 Violations as follows:
Violations: Violation of the provisions or requirements of this code shall be subject to the penalties as set forth in Power County Building Ordinance No. 2020-03, instrument No. 216517.
(Ord. 2017-03, 12-18-2017; amd. Ord. 2020-03, 9-14-2020)