(A) No owner or agent of the owner shall construct, use or occupy any building, structure or improvement upon real property in violation of this title. The landowner, tenant, subdivider, builder, or any other person who commits, allows, participates in, assists in or maintains such violation shall be found guilty of such a violation. The provisions of this title shall be enforced in the following manner:
(1) A violation of this title shall be a misdemeanor, punishable by a fine not to exceed $1,000, or imprisonment in the County Jail for a period not to exceed six months, or both. Each day that such a violation continues shall constitute a separate criminal offense. A misdemeanor offense occurs where:
(a) Any violation of any of the provisions of this title exists in any building or any other structure or on a tract of land; and
(b) An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land (or any part thereof), or upon the architect, builder, contractor or any other person who commits or assists in any such violation; and
(c) Such person fails to comply with such order within ten days after service.
(2) 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, or to prevent illegal occupancy of a building, structure or premises, and these remedies shall be in addition to the penalties described above.
(3) No building permit or other approval or permit shall be issued for the construction of any building, structure or improvement in violation of this title, nor shall any other permit be approved for an applicant where there is an outstanding unresolved violation by the same applicant or property owner. The issuance or granting of a permit or approval shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this title or of any other ordinance, rule or regulation of the City. No permit presuming to give authority to violate or cancel the provisions of this title shall be valid.
(4) In addition to any of the foregoing remedies, the City attorney, acting on behalf of the City Council, may maintain an action for an injunction to restrain any violation of this title. Any costs associated with the enforcement of this chapter shall be assessed to the property owner, and failure to pay said costs may result in the costs being certified to the property and placed upon the tax rolls.
(B) The building inspector and his or her authorized representative are empowered to cause any building, other structure or tract of land to be inspected and examined, and to order in writing the remedying of any condition found to exist therein or threat in violation of any provisions of this title. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct or comply with such order. This title shall not be construed to hold the City responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect or by reason of issuing a building permit as herein provided.
(Ord. 2022-06, passed 10-12-2022)