(a) Fines. Any construction, work or other action that is regulated under § 1424.11 and which is performed prior to the issuance of the required permit authorizing such construction, work or other action, shall be subject to the assessment of fines as further specified herein. Any fine imposed under this section shall not preclude the application of any additional relevant penalties or actions as prescribed within the Building and Housing Code or any other codified ordinance of the city.
(1) Fines doubling the cost of a permit. Any work for which permits are required under § 1424.11 that is commenced without first obtaining the required permit(s), shall result in the doubling of the permit fee as a fine, except as otherwise specified under division (a)(2) below. However, under no circumstance shall a fine of less than $150 be assessed.
(2) Fines based on project size. Notwithstanding the provisions of division (a)(1) above, the commencement of any of the project categories specified below without first obtaining the required permit(s) shall result in the assessment of both the permit fee established for the project category under § 1424.11, plus an additional fine of $1 per square foot, or per foot, of project area as specified herein. However, under no circumstance shall a fine of less than $150 be assessed.
Project | Fine |
Project | Fine |
Decks, porches and patios | $1 per square foot |
Driveways | $1 per square foot |
Fences, walls, retaining walls and similar structures | $1 per linear foot in length |
Relocation of a house or accessory structure | $1 per square foot |
Satellite dish | $1 per square foot |
Signs | $1 per square foot |
Storage building, greenhouses and similar structures | $1 per square foot |
Swimming pools (in-ground or above-ground) | $1 per square foot |
Wireless communication antennas and towers | $1 per linear foot in height |
(b) Collection of fines.
(1) Any fine established under the provisions of this section shall be assessed by the Chief Building Official to the owner of the property in question, and/or to the contractor who has performed the work in question. The assessed fine shall be paid prior to the issuance of any city building permit that would either approve any finished work, and/or authorize the continuation of any unfinished work.
(2) Any fine applied under the provisions of this section shall be remitted to the city by the responsible person(s) or entity within 30 days of the date of the notification of the assessing of the fine. If said fine is not paid by the responsible person(s) or entity within 30 days, the fine may be recovered by an action at law in accordance with Chapter 1432 of this Code, or may to the extent permitted by law, be certified to the County Auditor by resolution of City Council and placed on the tax duplicate of the property for collection and shall become a lien on the land.
(c) Revocation of contractor registration. Any contractor registered with the city who has performed work without first obtaining the required building permits shall, at the discretion of the Chief Building Official, be subject to the revocation of his or her authorization to perform further work within the city.
(d) Appeals. Any determination by a city official to apply the fines or other penalties prescribed under the provisions of this section may be appealed to City Council within 14 days of the date of the notification of the assessing of the fine or other penalty. Said appeal shall be heard at the next available meeting of City Council. City Council shall have the authority to sustain, modify or eliminate, the penalty.
(e) Waiver of an assessed fine. The Mayor shall have the discretion, upon petition, to waive any assessed fine upon finding that all of the following apply:
(1) The violation for which the fine was assessed could not have been reasonably prevented by the contractor and/or property owner in question;
(2) The individual, company or corporation that performed the work has submitted a valid application for a building permit not more than three regular business days of City Hall after the date that the work in question was performed; and
(3) The work that was performed has been determined to be in compliance with all City Building Codes, Zoning Codes and all other codified ordinances of the city.
(Ord. 2009-272, passed 11-16-2009; Ord. 2010-128, passed 6-21-2010)