§ 320.706. Noncompliance.

(1)

Any person, firm, corporation or agent who violates a provision of this building code or of codes hereby adopted by reference, including the tenant, lessee or manager of any leased, rented or managed property, who fails to comply therewith or with any of the requirements thereof or who erects, constructs, alters or repairs or has erected, constructed, altered or repaired a building, structure, electrical, gas, mechanical or plumbing system in violation of a detailed statement or plan submitted and permitted thereunder shall, upon conviction thereof, be guilty of a class D offense and punished accordingly.

(2)

The City is authorized to file a civil action in a court of competent jurisdiction for civil penalties as follows:

(a)

The civil penalty for violations committed by an unlicensed, uncertified individual to perform work or by a property owner who performed such work him or her self on any structure or property regulated under this Chapter shall be as follows:

(1)

$1,000 for a first violation;

(2)

$2,000 for a second violation; and

(3)

$3,000 civil penalty for a third or subsequent violation, and the violator shall be prohibited from obtaining a building permit for work not associated with the correction of the violation for a period of three months.

Additionally, the violator shall be prohibited from applying for any permit until such civil penalty awarded pursuant to this Section has been paid in full. Prohibitions against issuance of a building permit contemplated in this Section shall not become effective until the judgment requiring such prohibition becomes final.

(b)

Civil penalties assessed against property owners who did not do the unauthorized work themselves for violations of this Chapter shall in no instance be less than $50 and no more than $500.

(3)

Upon successful prosecution of any violation of this Chapter wherein the City has filed suit in a court of competent jurisdiction to recover a civil penalty and/or obtain injunctive relief, the City shall be authorized to recover its reasonable attorney's fees and costs.

(Ord. 2001-1160-E, § 1; Ord. No. 2006-847-E, § 2)