§ 8-26. Violation, penalties, and remedies.

(a)

When it is found that work has been started prior to obtaining a permit, when one is required for such work, an investigation fee, equal to the permit fee and in addition to the permit fee, shall be collected regardless of whether a permit is subsequently issued or not.

(b)

It shall be unlawful for any person, firm or corporation to erect, construct, reconstruct, enlarge, reduce, alter, repair, convert, restore, move, improve, remove, demolish, equip, occupy, maintain or to use any building or structure, excavation, or space between structures, or install or alter any specified equipment or facilities, systems or materials without a valid permit therefore, when a permit is required, or in violation of a regulation or any provision of this article or any referenced code of this article.

(c)

Any person, firm, or corporation violating this article, or any part thereof, or any referenced code, is guilty of a Class 2 misdemeanor. Each and every day during which the unlawful structure, portion of the structure, excavation, use, equipment, or other violation continues or remains is a separate offense.

(d)

If any building, structure, space, excavation, equipment, or use is, or is proposed to be, erected, constructed, reconstructed, altered, maintained or used in violation of this article, the county attorney, the chief building official and/or his authorized representative, or any other adjacent or neighboring property owner who is specifically damaged by the violation in addition to the other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action or proceedings to prevent or abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance, excavation or use.

(e)

All remedies provided herein shall be cumulative and not exclusive. The conviction of any person, firm or corporation hereunder shall not relieve such person from the responsibility to correct such violation, nor prevent the enforcement, correction or removal thereof.

(f)

A re-inspection fee may be assessed for each inspection or re-inspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring re-inspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. Re-inspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested or for deviating from plans requiring the approval of the building official. The applicant must pay the re-inspection fee in accordance with the current fee ordinance. In instances where re-inspection fees have been assessed, no additional inspections will be performed until the required fees have been paid.

(g)

When a property and/or structure is found to be in violation, the chief building official may have the public utilities disconnected from the property until the property and/or structure is brought into code compliance. This is to include all necessary permits and inspections that are required by this building safety code.

( Ord. No. 84-1 , § 8, 2-6-1984; Ord. No. 89-1 , § 8, 5-1-1989; Ord. No. 1992-01 , § 7, 3-23-1992; Ord. No. 2009-02 , § 7, 7-6-2009; Ord. No. 2009-04 , § 7, 9-8-2009; Ord. No. 2015-04 , § 7, 6-1-2015)