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Whenever the Division of Building Inspection is satisfied, through inspection, that illegal or unauthorized work is occurring or has occurred on a building or structure regulated by this Code, the Chief Building Official shall serve a written notice of adjudication, also known as a stop work order, upon the property owner, the owner's agent, or the person responsible for the violation. The notice of adjudication shall direct that person to stop such illegal action and suspend such unauthorized work until the condition in violation has been remedied. Illegal or unauthorized work shall be considered to be:
(a) work in non-compliance with or in violation of the building codes adopted in this Part Thirteen;
(b) work being performed in a dangerous or unsafe manner;
(c) work in non-compliance with approved construction documents;
(d) violations in the operation of a building contrary to the public welfare, defined in TMC Chapter 1725.
(Ord. 129-15. Passed 3-31-15.)
In cases where such notices or orders are not promptly complied with, the Division of Building Inspection shall request the Director of Law to institute an appropriate action or proceeding at law or in equity to prevent an unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use; or to restrain, correct or abate a violation; or to prevent the occupancy of a building, structure or premises; or to prevent an illegal act, conduct, business or use in or about any premises upon which the violation has occurred or is occurring. The penalties prescribed in Section 1319.04 shall not preclude the Director of Law from instituting appropriate legal actions or proceedings to prevent such illegal or unauthorized work from continuing.
(Ord. 129-15. Passed 3-31-15.)
(a) Whoever violates any provision of Part Thirteen-Building Code for which a penalty is not otherwise provided shall be guilty of a misdemeanor 1st degree.
(b) In addition to any other penalty provided for in this chapter, the Chief Building Official or his or her designee may issue a Notice of Liability to anyone who violates Part Thirteen-Building Code. A Notice of Liability shall be a civil offense punishable by a fine as follows:
(1) First offense $250.00
(2) Second offense within three years $500.00
(3) Third offense within three years $1,000.00
(4) Fourth offense within three years $2,000.00
(5) Fifth offense or more offenses within three years $3,000.00
(6) A civil fine of up to one thousand dollars ($1,000.00) shall be paid for each instance where a structure is illegally occupied in violation of this Part Thirteen-Building Code.
(c) The payment of the aforementioned charges shall not relieve any person, firm or corporation from full compliance with the requirements of the Building Code in the execution of the work nor from any penalty prescribed therein.
(d) The owner of any building, structure or premises where anything in violation of this Part Thirteen - Building Code shall be placed or shall exist, and an architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of such violation shall each be guilty of a separate offense and upon conviction thereof shall be fined as herein provided. Each day's continued violation of any provision of this Part Thirteen-Building Code shall constitute a separate offense.
(e) Anyone charged with a Notice of Liability may appeal said notice as provided by Section 1315.02. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability.
(f) The penalty for illegal and unauthorized work identified prior to issuing the required permit shall be in addition to the required permit fee and shall be double the permit fee specifically required in Chapter 1307 of this Code plus a fine in accordance with the schedule of fines shown in Section 1319.04(b).
(Ord. 119-17. Passed 3-21-17.)