A. Authority of Building Officers. Any Building Officer is authorized to exercise the police power of the Village in such manner and to such extent as the Building Officer determines the character of the violation and the interests of public health, safety and welfare may demand in order to secure compliance with the provisions of this title.
B. Types of Enforcement Actions. Enforcement actions shall include, but not be limited to, the issuance of a stop work order or notice of violation, permit revocation, issuance of a citation for violation or the bringing of any other civil action to recover any penalty or fine, or the institution of the appropriate action at law or in equity to restrain, correct or abate such violation or to require the removal of the unlawful use or act.
C. Initiating Enforcement Procedures. Enforcement proceedings shall be initiated as provided in this subsection, by the issuance of notice of violation or stop work order, or by the initiation of a civil action.
1. Issuance of Notice of Violation or Stop Work Order. A notice of violation or stop work order shall be issued to the property owner or to any person who is in charge of the work site or otherwise responsible for the work. All notices of violation and stop work orders shall be issued as provided in sections 15.04.090 and 15.04.100 of this code.
2. Civil Action to Recover Fines or Penalties. The Village Attorney or, at the direction of the Village Manager, the Village Prosecutor, may file a civil action to recover any fine or other penalty against any such person; provided, however, that the filing of such civil action shall preclude incarceration or imprisonment.
D. Nuisance Violations. If any violation of this chapter also constitutes a public nuisance under chapter 9.16 of this Code, the Village may seek any or all of the remedies provided in said chapter 9.16 for such nuisance, and such remedies shall be in addition to the remedies provided in this chapter.
(Ord. MC-13-2004 § 4, 2004, subsection D amended)
E. Wilful Violation. Any person who is found by a court of competent jurisdiction to have wilfully violated any of the provisions of this title, or of any other provision of this code in the course of performing any work that is subject to the provisions of this title, shall, in addition to any other penalty imposed pursuant to this code, be ineligible for a period of five years from the date of the violation to apply for a permit, to be issued a permit, or to perform any work in connection with or relevant to a permit issued or applied for, pursuant to the provisions of this title. For purposes of this section, a violation shall be deemed wilful if work continues in violation of a stop work order, if the violations cited in an oral or written notice of violation are not promptly corrected or if more than two notices of violation are issued for the same work site within any thirty (30) day period.
(MC-7-2011, Amended, 12/6/2011; MC-3-2005, Amended, 06/21/2005; MC-13-2004, Amended, 12/07/2004)