It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this chapter, or cause same to be done, in conflict with or in violation of any of the provisions of this chapter.
(Ord. 1488-2015 § 25)
The Building Commissioner is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition 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 chapter. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
(Ord. 1488-2015 § 26)
(A) 
Corrected. If the noncompliance is corrected, please contact this office and no further action shall be taken.
(B) 
Arrangements. Arrangements to have the noncompliance corrected within a reasonable time period, but not more than 10 days, and is agreed to by the person responsible for the noncompliance and the City of Angola Building Commissioner, no further action shall be taken. Please contact the Building and Safety Department to make arrangements.
(Ord. 1488-2015 § 27)
If the notice of violation is not complied with promptly, the Building Commissioner is authorized to request the legal counsel of the city of Angola to institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, or to require the removal or termination of the unlawful occupancy or use of the building or structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto.
(Ord. 1488-2015 § 28)
Any person who violates a provision of this chapter or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the Building Commissioner, or of a permit or certificate issued under the provisions of this chapter, shall be subject to penalties as prescribed by law.
(Ord. 1488-2015 § 29)
(A) 
The Building Commissioner may issue an order requiring suspension of the pertinent construction (stop work order) in accordance with this section.
(B) 
The stop work order shall:
(1) 
Be in writing.
(2) 
State with specificity the construction to which it is applicable and the reason for its issuance.
(3) 
Be posted on the property in a conspicuous place.
(4) 
If practicable, be given to the person doing the construction and to the owner of the property or the owner's agent.
(5) 
The stop work order shall state the conditions under which construction may be resumed.
(C) 
The Building Commissioner may issue a stop work order if:
(1) 
Construction is proceeding in an unsafe manner, including, but not limited to, in violation of any standard set forth in this chapter or any state law pertaining to safety during construction.
(2) 
Construction is occurring in violation of this chapter or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation.
(3) 
Construction for which a building construction permit is required is proceeding without a building construction permit being in force.
(D) 
The issuance of a stop work order shall in no way limit the operation of penalties provided elsewhere in this chapter.
(Ord. 1488-2015 § 30; Ord. 1165-2004; Code 2000 § 150.34)
Pursuant to IC 36-1-6-4, the city may initiate a civil action in a court of competent jurisdiction to restrain any person from violating a provision of this chapter.
(Ord. 1488-2015 § 31; Ord. 1165-2004; Code 2000 § 150.35)
Any person violating any provision of this chapter may be subject to a fine in any sum not exceeding $2,500. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in this chapter.
(Ord. 1488-2015 § 32)
Any person aggrieved by an order issued under this chapter shall have the right to petition for review of any order of the Building Commissioner. Such a person may file a petition using either, or both, of the following procedures:
(A) 
Appeal to the Fire Prevention and Building Safety Commission.
(1) 
A person aggrieved by an order issued under this chapter may appeal to the Fire Prevention and Building Safety Commission, in accordance with IC 22-13-2-7.
(2) 
The Commission may modify or reverse any order issued by the municipality that covers a subject governed by IC 22-12, 22-13, 22-14, 22-15, or a fire safety or a building rule.
(3) 
The Fire Prevention and Building Safety Commission must review orders that concern a class 2 structure if the person aggrieved by the order petitions for review under IC 4-21.5-3-7 within 30 days after the issuance of the order.
(4) 
The Fire Prevention and Building Safety Commission may review all other orders issued under this chapter.
(5) 
The review of an order by the Fire Prevention and Building Safety Commission does not suspend the running of the time period under any statute in which a person must petition a court for judicial review of the order.
(B) 
Appeal to an Established Local Administrative Body or Court. A person aggrieved by a decision or order of the Building Safety Department may appeal the decision or order. The aggrieved person must, by registered mail, or in person, give the Angola Board of Public Works and Safety, at 210 North Public Square, Angola, Indiana, 46703, a written notice within 15 days of the decision or order of his or her appeal. This notice must concisely state the aggrieved person's grievance. The Angola Board of Public Works and Safety will set the appeal for a hearing where the appellant will be allowed to appear in person and or by an attorney or any other responsible person to present her case. The appellant may present witnesses, documentary evidence, testimony, and argument. The Building Commissioner will be represented by the Angola City Attorney and will be allowed to present witnesses, documentary evidence, testimony and argument. The Angola Board of Public Works and Safety will issue its decision in due course either upholding, modifying, or overturning the Building Commissioner's order or decision. Instead of appealing to the Angola Board of Public Works and Safety, the aggrieved person may seek remedy from the Steuben Circuit or Superior Court.
(Ord. 1488-2015 § 33; Ord. 1165-2004; Code 2000 § 150.36)