The Code Official, or his designee, is authorized to serve a
notice of violation or order on the person responsible for the erection,
construction, alteration, extension, repair. moving, removal, demolition,
use or occupancy of a building or structure in violation of the provisions
of this chapter or in violation of a permit or certificate issued
under the provisions of this Code. Such order shall direct the discontinuance
of the illegal action or condition and the abatement of the violation.
Any person who shall violate a provision of this chapter or
who shall fail to comply with any of the requirements thereof or who
shall erect, construct, alter or repair a building in violation of
the approved construction documents or directive of the Code Official
or of a permit or certificate issued under the provisions of this
Code shall be responsible for a municipal civil infraction. Each day
that a violation continues after due notice has been served shall
be deemed a separate offense subject to the following penalties:
A. The following civil fines shall apply in the event of a determination
of responsibility for a municipal civil infraction, unless a different
fine is specified in connection with a particular section:
(1) First offense: The civil fine for a first offense violation shall
be in the amount of $300, plus costs and other sanctions, for each
offense.
(2) Repeat offense: The civil fine for any offense which is a repeat
offense shall be in an amount of $500, plus costs and other sanctions
for each offense.
B. In addition to ordering the defendant determined to be responsible
for a municipal civil infraction to pay a civil fine, costs, damages
and expenses, the Judge or Magistrate shall be authorized to issue
any judgment, writ or order necessary to enforce or enjoin violation
of the chapter.
C. Continuing offense. Each act of violation, and on each day upon which
any such violation shall occur, shall constitute a separate offense.
D. Remedies not exclusive. In addition to any remedies provided for
by the Code of Ordinances, any equitable or other remedies available
may be sought.
E. The Judge or Magistrate shall be authorized to impose costs, damages
and expenses provided by the law.
F. A municipal civil infraction shall not be a lesser-included offense
of a criminal offense or of an ordinance violation which is not a
civil infraction.