(A) (1) No person, firm or corporation, whether as owner, lessee, sub-lessee, occupant, contractor, subcontractor or licensee shall erect, construct, reconstruct, enlarge, expand, alter, move, convert, use, occupy or maintain any building or structure in the town, or cause or permit the same to exist or to be done contrary to or in violation of any condition imposed by the Department, and provision of this subchapter or any other applicable law.
(2) Upon a violation set forth in this division (A), the Department may impose any one or all of the following remedies:
(a) A stop work order whereby all work on the building or structure shall cease at the time of posting. A written stop work order shall be posted prominently on the building, structure or otherwise at the project site, and state thereon the reasons for the stop work order. The Department shall attempt to notify the permittee, property owner, contractor and other appropriate individuals as to what action is necessary to release the stop work order. A time limitation, not to exceed 90 days shall be indicated on the stop work order when posted and shall be included on the notice sent to the appropriate individual. All corrective work or action necessary to release the stop work order shall be completed within the stated time limitation. Failure to adhere to this time limitation is a violation of this subchapter and is subject to the fines and penalties as outlined in § 151.99(B) of this chapter;
(b) A revocation of a certificate of occupancy or any permit issued under this subchapter after giving notice in the manner described in division (B) below and upon a determination by the Department that a permit or certificate of occupancy has been issued upon false, incorrect or misleading information, or upon a material or repeated violation of applicable law, or, as to temporary permits and certificates of occupancy, a failure to strictly adhere to any condition of the temporary permit or certificate imposed by the Department;
(c) Impose fines and penalties as provided in § 151.99(B) of this chapter; and
(d) Any other remedy or penalty provided for herein, or by other applicable law.
(B) (1) Whenever the Building Commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this subchapter, the Building Commissioner shall give notice of such alleged violation to the person responsible therefor.
(2) The notice shall:
(a) Be in writing;
(b) Include a statement which indicates the precise reason for the issuance of notice;
(c) Indicate a reasonable time for the performance of any act required to bring the situation into compliance;
(d) Be served upon the person responsible, or the occupant, or the landowner, as the case may be; provided that, such notice shall be deemed to be properly served upon such person, occupant or landowner, if a copy thereof is posted in a conspicuous place in or about the area affected by the notice, or if he or she is served with such notice by any other method authorized or required under the laws of the state;
(e) Such notice must contain an outline of remedial action which, if taken, will effect compliance with the provisions of this subchapter; and
(f) Such notice shall also contain the procedures to appeal the notice of violation.
(Ord. 2017-6, passed 9-5-2017)