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  2. CHAPTER 11. BUILDING AND HOUSING CODE
  3. Article 11.4. Enforcement Provisions

Sec. 11.4.10. Civil Penalty

  1. Generally
    Unless otherwise stated in this UDO, any act constituting a violation of the building code as adopted herein shall subject the offender to a civil penalty in the amount of $50.00 to be recovered by the City in a civil action in the nature of a debt or as otherwise provided herein if the offender fails to pay the penalty within 48 hours from and after receipt of a citation of a violation.
  2. Additional Penalty
    Unless otherwise stated in this UDO, a penalty of $25.00, in addition to the 1 imposed for payment within 48 hours, shall apply in those cases in which the penalties prescribed in this section have not been paid within the prescribed 48- hour period and in which a civil action shall have been instituted.
  3. Settlement of Civil Claim
    The City is authorized to accept full payment of all monies owed in full and final settlement of the claim or claims, right or rights of action which the City may have to enforce such penalty by civil action in the nature of debt. Acceptance of any and all claims, or right of action arising out of contended violations only if the activities or non-activities which gave rise to the violations are abated or otherwise made lawful.
  4. Continuing Violations
    Each day's continuing violation shall be a separate offense. No civil penalty for continuing violations shall be levied against the same person for the same continuing violation at the same location more than once unless and until the City shall deliver a written notice by personal service, registered mail or certified mail — return receipt requested or as otherwise permitted by law— to the property owner or other person responsible for such violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the assessment of additional civil penalties and other enforcement action. If after the allotted time period has expired and after the hearing of any appeal, if any, the corrective action has not been completed, a civil penalty shall be assessed in the amount of $100.00 per day of continuing violation unless otherwise stated in this UDO.
  5. Additional Civil Penalty for Occupancy Without Certificate
    Any person who occupies or allows the occupancy of a building or space without first receiving a Certificate of Occupancy or a Temporary Certificate of Occupancy shall be subject to an initial civil penalty of $250.00 and to continuing penalties of $100.00 for each day's violation thereafter. This penalty shall be in addition to other civil penalties or remedies available under the City Code.

Book traversal links for Sec. 11.4.10. Civil Penalty

  • Sec. 11.4.9. Violations
  • Article 11.5. Unsafe Buildings
  • Printer-friendly version

UDO Chapters

  • CHAPTER 1. INTRODUCTORY PROVISIONS
  • CHAPTER 2. RESIDENTIAL DISTRICTS
  • CHAPTER 3. MIXED USE DISTRICTS
  • CHAPTER 4. SPECIAL DISTRICTS
  • CHAPTER 5. OVERLAY DISTRICTS
  • CHAPTER 6. USE REGULATIONS
  • CHAPTER 7. GENERAL DEVELOPMENT STANDARDS
  • CHAPTER 8. SUBDIVISION & SITE PLAN STANDARDS
  • CHAPTER 9. NATURAL RESOURCE PROTECTION
  • CHAPTER 10. ADMINISTRATION
  • CHAPTER 11. BUILDING AND HOUSING CODE
  • CHAPTER 12. DEFINITIONS
  • HISTORY TABLE
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Book navigation

  • Article 11.1. Adoption of Codes by Reference
  • Article 11.2. Development Services Department
  • Article 11.3. Examining Boards & Licensing
  • Article 11.4. Enforcement Provisions
    • Sec. 11.4.1. Permit Requirements
    • Sec. 11.4.2. Application for Permit
    • Sec. 11.4.3. Plans and Specifications
    • Sec. 11.4.4. Limitations on Issuance of Permits
    • Sec. 11.4.5. Reserved for Future Use
    • Sec. 11.4.6. Limitation on Issuance of Permits for Construction in Floodprone Areas
    • Sec. 11.4.7. Issuance of Permit
    • Sec. 11.4.8. Permit Fees
    • Sec. 11.4.9. Violations
    • Sec. 11.4.10. Civil Penalty
  • Article 11.5. Unsafe Buildings
  • Article 11.6. Housing Code
  • Article 11.7. Manufactured Homes
  • Article 11.8. Demolition by Neglect of Historic Landmarks and Structures Within Historic Overlay Districts
  • Article 11.9. Nonresidential Building or Structure Code

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Users should contact the Planning and Development department for subsequent amendments to the UDO or copies of the official version.