(a) An order to correct any condition or remove any substance shall be complied with within three days thereafter. Upon failure to obey such order within the period required by law, the Commissioner of Building shall cause same to be done at the expense of the permit holder and the bond fund shall be subjected to the payment of the expense thereof. If such deposits are insufficient to fully pay for such expense, then the permit holder shall be liable for the additional amount in excess of the bond fund, which coverage shall be collected by the Director of Law in a court of competent jurisdiction.
(b) The deposit shall also be subjected to the payment of all unpaid inspection and reinspection charges as established herein.
(c) Whether or not the deposit was made prior to the effective date of this subsection, when more than twelve months have passed since the making of any initial deposit required under this Chapter 1305, and further, where no significant activity is occurring with regard to the construction activities associated with such deposit, then the Building Commissioner shall cause a notice to be sent to the depositor and/or owner setting forth any City requirements then outstanding, and allowing said depositor and/or owner thirty days to remedy such deficiencies. After the expiration of such thirty days, if the deficiencies have not been remedied, the Building Commissioner shall cause a notice of forfeiture to be sent by certified mail to the depositor and/or owner and allowing for ten days from the date of said notice in which the depositor and/or owner may appeal such proposed forfeiture in writing to the City's Board of Zoning Appeals (BZA) by certified mail. At the discretion of the BZA, all or a portion of such deposit may be refunded to said depositor and/or owner. In such event, the BZA may also determine to retain a portion of such deposit in order to defray any reasonable cost to the City associated with the forfeiture procedure, including, but not limited to, office overhead, postage, labor, and legal expenses. If no such appeal is timely received, said deposit shall be forfeited to the City. Any funds not returned to said depositor and/or owner shall be placed in the City's General Fund.
(Ord. 37-74. Passed 12-9-74; Ord. 09-11. Passed 6-13-11; Ord. 12-21. Passed 11-8-21.)