[Ord. No. 726, 11-14-1989; Ord. No. 938, 7-12-2011; Ord. No. 1005; Ord. No. 1006]
Any person, firm or corporation violating any of the terms or provisions of Articles I through XVI of Buildings and Building Regulations of the City of Williston or commits an act prohibited by this ordinance shall be subject to the following recourse by the City of Williston, its authorized officials or employees, cumulatively in the order indicated:
(a)
Civil penalty.
(1)
Officials or employees of the City of Williston authorized to
enforce this ordinance in whole or in part may commence, or cause
to be conducted, administrative proceedings at which, or as a result
of which, civil penalties may be imposed which shall not exceed a
$1,500 penalty per violation. Each day any violation shall exist shall
constitute a separate offense.
(2)
In addition to the authority to commence administrative proceedings
for the purpose of imposing civil penalties, a judicial action seeking
a civil penalty may be commenced by the City of Williston's Attorney,
who may also seek any other relief available to the City of Williston.
The City of Williston may institute an action for a civil penalty
regardless of whether the City of Williston has commenced or will
commence an administrative code enforcement proceeding or a criminal
enforcement action. The City of Williston's judicial action for
a civil penalty may seek an award for attorney's fees, costs,
expenses and disbursements.
(3)
When the City of Williston obtains a judgment in an action for
civil penalties, in addition to the appropriate methods of enforcement
of the judgment established in the North Dakota Rules of Civil Procedure,
such judgment for penalties shall be assessed and collected in the
same manner as general City of Williston taxes.
(4)
Notwithstanding any other provisions of this ordinance, the
City of Williston may maintain an action or proceeding in a court
of competent jurisdiction to compel compliance with or to restrain
by injunction the violation of any ordinance of the City of Williston's
Attorney, regardless of the fact that the ordinance may provide a
penalty for such violation.
(5)
Action for relief authorized in this section may be brought
alone or in conjunction with any other relief or remedy available
to the City of Williston, including but not limited to civil penalty,
attorney's fees, costs, expenses and disbursements.
(b)
Administrative enforcement of civil penalty.
(1)
Based upon an oral or written complaint that has been received
by the City of Williston, the Building Official shall investigate
and determine if such violation exists and issue a notice of violation
served upon the owner, tenant, or other responsible party.
(2)
The notice shall be served by personal service, registered mail,
or certified mail with return receipt requested.
(3)
When calculating a reasonable time for compliance, the Building
Official shall take into consideration the following criteria:
(4)
The Building Official may extend the date of compliance upon
the receipt of a written request from the responsible party in violation
prior to the date of compliance.
(5)
If the responsible party fails to complete the corrective action(s) issued by the Building Official for the noticed violation(s) prior to the date of compliance, the Building Official shall issue a written order identifying the type and degree of violation and whether the responsible party is subject to any civil penalty as defined in § 5-321(a).
(6)
Any party affected by a notice of violation may file a written
appeal stating in what respects the specific grounds for reversal
or modification of the order. The appeal with the required filing
fee shall be filed with the City Auditor's Office prior to 4:30
p.m. on the given compliance date. In the absence of a timely appeal,
the findings of the Building Official contained in the notice of violation
shall be deemed true and final.
(8)
Any person failing to comply, with a final order of the Building
Official, or, in the event of an appeal to the Board of Adjustments,
shall be subject to a cumulative penalty or forfeiture in the amount
described herein per day for each violation from the date set for
compliance in the final order until the order is complied with.
(c)
Criminal penalty. Any person, firm or corporation violating any of the terms or provisions of Articles I through XI of Buildings and Building Regulations of the City of Williston or commits an act prohibited by this ordinance shall be cited with a B misdemeanor and, upon conviction, be punished by a fine of up to $1,500, or by imprisonment up to 30 days, or both such fine and imprisonment in the discretion of the court. The court shall have the power to suspend the sentence and to revoke the suspension thereof. Each day any person, firm or corporation violates any provision of this article shall constitute a separate offense. This penalty section is to be read in accordance with Section 114 of the International Building Code.
(d)
Enforcement of criminal penalty. The Building Official or other official designated by the City of Williston City Commission may request the City Attorney to institute the prosecution of any violation of the terms or provisions of Articles I through XVI of Buildings and Building Regulations of the City of Williston or commits an act prohibited by this ordinance.
[Ord. No. 1005; Ord. No. 1006]
(a)
Whenever the City Engineer, Building Official, or their designee,
in accordance with Section 115 of the International Building Code,
finds any site maintained contrary to the provisions of the municipal
code of the City of Williston, the City Engineer, building official,
or their designee is authorized to issue a stop work order for the
site in violation and any and all other sites permitted by the same
permitee or contractor until the permitee or contractor completes
and complies with the corrective action(s) in order to bring the site
into compliance with the municipal code of the City of Williston.
(b)
The issuance of a stop work order by the City Engineer, Building Official, or their designee shall be in writing and issued to the permittee or assigned contractor and in accordance with the provisions of § 5-321(b). Upon issuance, the cited work shall immediately cease. The stop work order shall state the reasons for the order and the conditions under which the cited work will be permitted to resume.
