It shall be the duty of the Commissioner or designee to enforce
the provisions of this chapter in accordance with the following:
A. When the Commissioner or designee determines that development activity
is not being carried out in accordance with the requirements of this
chapter, he/she may issue a written notice of violation and order
to correct to the owner or agent of the property or issue a court
appearance ticket, or both. The notice of violation and order to correct
shall contain:
(1) The name and address of the owner or applicant.
(2) The street address or a description of the building, structure or
land upon which the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the corrective actions necessary to bring the development
activity into compliance with this chapter and the permit, and a time
schedule necessary for completion of such corrective action.
B. In the event that correction is not completed within the time specified
by the notice of violation and order to correct, a court appearance
ticket shall be issued.
C. Any notice of violation, served upon the person(s) to whom it is
directed either personally or by mailing a copy of the notice of violation
by certified mail, return receipt requested, to such person at his
or her last known address.
D. In an emergency situation, as determined by the Commissioner, the City may enter the premises and make necessary corrections utilizing a portion of all of the cash deposit required in §
215-11, cash deposits for compliance; maintenance bond or other surety, of this chapter. The City shall have the authority to assess the costs of the emergency correction in the same manner as real estate taxes.
E. In addition to or as an alternative to any penalty provided herein
or by law, any person who violates the provisions of this chapter
shall be subject to a fine of not less than $250 and $250 for each
additional day during which the violation continues.
F. If a person has violated or continues to violate the provisions of
this chapter, the Commissioner may petition for a preliminary or permanent
injunction at a court of jurisdiction restraining the person from
activities which would create further violations or compel the person
to perform abatement or remediation of the violation.