[Ord. No. 464, §18]
The Building Commissioner shall serve a notice of violation
or order on the person responsible for the erection, construction,
alteration, extension, repair, removal, demolition, use or occupancy
of a building or structure in violation of the provisions of this
Code or in violation of detail statement or a plan approved thereunder
or in violation of permit or certificate issued under the provisions
of the Codes. Such order shall direct the discontinuance of the illegal
action or condition and the abatement of the violation.
[Ord. No. 464, §18]
If the notice of violation is not complied with promptly, the
building official shall request the legal counsel of the jurisdiction
to institute the appropriate proceedings at law or in equity to restrain,
correct or abate such violation or to require the removal or termination
of the unlawful use of the building or structure in violation of the
provisions of the Codes or of the order or direction made pursuant
thereto.
[Ord. No. 464, §18]
The imposition of the penalties herein prescribed shall not
preclude the legal officer of the jurisdiction from instituting appropriate
action to prevent unlawful construction or to restrain, correct or
abate a violation or to stop an illegal act, conduct, business or
use of a building or structure in or about any premises.
[Ord. No. 464, §20]
(a)
Vacating Structures. When, in the opinion of the
building official, there is actual and immediate danger of failure
or collapse of a building or structure or any part thereof which would
endanger life or when any structure or part of a structure has fallen
and life is endangered by the occupation of the building or structure,
the building official is hereby authorized and empowered to order
and require the inmates and occupants to vacate the same forthwith.
He shall cause to be posted at each entrance to such building a notice
reading as follows: "This structure is unsafe and its use or occupancy
has been prohibited by the building official, and it shall be unlawful
for any person to enter such building or structure except for the
purpose of making the required repairs or of demolishing the same."
(b)
Temporary Safeguards. When, in the opinion of the
building official, there is actual and immediate danger of collapse
or failure of a building or structure or any part thereof which would
endanger life, he shall cause the necessary work to be done to render
such building or structure or part thereof temporarily safe, whether
or not the legal procedure herein described has been instituted.
(c)
Closing Streets. When necessary for the public safety,
the building official may temporarily close sidewalks, streets, buildings
and structures and places adjacent to such unsafe structure and prohibit
the same from being used.
(d)
Emergency Repairs Generally. For the purpose of
this section, the building official shall employ the necessary labor
and materials to perform the required work as expeditiously as possible.
(e)
Costs of Emergency Repairs. Costs incurred in the
performance of emergency work shall be paid from the treasury of the
jurisdiction on certificate of the building official; and the legal
authority of the jurisdiction shall institute appropriate action against
the owner to recover such costs.
[Ord. No. 464, §19]
(a)
Notice to Owners. Upon notice from the building
commissioner that work on any building, structure, device or road
is being prosecuted contrary to the provisions of the Codes or regulations
controlling such construction, or in an unsafe or dangerous manner,
such work shall be immediately stopped. The stop-work order shall
be in writing and shall be given to the owner of the property involved
or the owner's agent or to the person doing the work and shall state
the conditions under which work may be resumed.
(b)
Unlawful Continuance. Any person who shall continue
any work in or about the structure after having been served with a
stop-work order, except such work as he is directed to perform to
remove a violation or unsafe condition, shall be liable to a fine
not less than ten dollars nor more than five hundred dollars.
[Ord. No. 464, §§18,22]
Any person who shall violate a provision of this article or
the Codes or shall fail to comply with any of the requirements thereof
or who shall erect, construct, alter or repair a building or structure
in violation of an approved plan or directive of the building official
or of a permit or certificate issued under the provisions of the Codes,
shall be guilty of a misdemeanor, punishable by a fine of not more
than five hundred dollars, or by imprisonment not exceeding six months
or both such fine and imprisonment. Each day that a violation continues
shall be deemed a separate offense.
