A. 
When it is determined by the planning department (department) that a person is violating or is about to violate a provision of a permit, or a term or condition of a permit issued by the municipality under this section, the department will notify the person of its determination by personal service or certified mail.
B. 
The recipient of the determination must file with the department, no less than 10 days and no more than 30 days, a report stating what measures have been and are being taken, or are proposed to be taken, to correct or control the conditions outlined in the notice.
C. 
After the report is filed under subsection B of this section or the time period specified for it has elapsed, the department will issue a compliance order or a report. A copy of the compliance order shall be served personally or sent by certified mail to the person affected. A compliance order is effective upon receipt.
D. 
Within 10 days after receipt the recipient may request a hearing before the assembly to review the compliance order. Failure to request a hearing within 10 days after the receipt of a compliance order constitutes a waiver of the recipient’s right of review.
E. 
The assembly may hold a hearing within 45 days after receipt of a request under subsection D of this section. The assembly shall rescind, modify or affirm the compliance order. If the compliance order is modified or affirmed, it shall take effect at the time determined by the assembly. Any appeal shall be filed in superior court within 30 days, and there shall not be any stays in effect during the interim.
F. 
The city attorney may seek enforcement of a compliance order.
(S.G.C. 22.30.250; Ord. 02-1683 § 4, 2002; Ord. 03-1746 § 4, 2003)
The issuance or granting of any building permit or approval of plans or specifications under the authority of the building code shall not be deemed or construed to be a permit or approval of any violation of any restriction, condition of any of the provisions of this title or any amendment thereto. No permit appearing to give authority to violate this title shall be valid except insofar as the work or use does not violate this title.
(S.G.C. 22.30.260; Ord. 02-1683 § 4, 2002)
It shall be the duty of the administrator or designee to enforce the provisions of the building code permitting the erection, construction, moving, conversion, or alteration of buildings or to the occupancy of land or buildings or any addition thereto. It shall further be the duty of the administrator or designee to enforce the provisions of this title pertaining to the use of land or any building for which any permit, variance, or zoning exception is required by this title. Whenever a violation occurs, any person may file a complaint in regard thereto that feels he or she is aggrieved. Complaints shall be brought to the attention of the administrator or a designee who shall cause the complaint to be immediately investigated and reported thereon.
(S.G.C. 22.30.270; Ord. 02-1683 § 4, 2002)
The superior court has jurisdiction to enjoin a violation of this title or of a lawful order of the department or permit, approval or term or condition of a permit, or approval issued under this title. In actions brought under this section, temporary or preliminary relief may be obtained upon a showing of imminent threat of continued violation, and probable success on the merits, without the necessity of demonstrating physical irreparable harm. The balance of equities in actions under this section may affect the timing of compliance, but not the necessity of compliance within a reasonable period of time.
(S.G.C. 22.30.280; Ord. 02-1683 § 4, 2002)
A. 
A person who violates or causes or permits to be violated a provision of this title or a regulation, a lawful order of the department, or a permit, approval or term or condition of a permit or approval issued under this title is liable, in a civil action, to the municipality for a sum to be assessed by the court of not less than $25.00 nor more than $1,000 for the initial violation, nor more than $500.00 for each day thereafter on which the violation continues; or in the case of operating without an appropriate notice, permit, or for violations which are related to public health, safety and welfare, or cause substantial adverse effects on the environment, not less than $500.00 nor more than $5,000 for the initial violation nor more than $2,000 for each day thereafter on which the violation continues and which, in either case, shall reflect, when applicable:
1. 
Reasonable compensation in the nature of liquidated damages for any adverse public health, safety, welfare or environmental effects caused by the violation, which shall be determined by the court according to the sensitivity of the receiving property, neighborhood or environment and the degree to which the violation degrades existing neighborhood environmental quality;
2. 
Reasonable costs incurred by the municipality in detection, investigation and attempted correction of the violations; and
3. 
The economic savings realized by the person in not complying with the requirement for which a violation is charged.
B. 
Actions under this section may not be used for punitive purposes, and sums assessed by the court must be compensatory and remedial in nature.
C. 
The court, upon motion of the department or upon its own motion, may defer assessment of all or part of that portion of the sum imposed upon a person under this section conditioned upon the person complying, within the shortest feasible time, with the requirement for which a violation is shown.
D. 
As used in this section, “economic savings” means that sum which a person would be required to expend for the planning, acquisition, siting, construction, installation and operation of the facilities necessary to effect compliance with the standard violated.
(S.G.C. 22.30.290; Ord. 02-1683 § 4, 2002)
A. 
Violations of the provisions of this title or failure to comply with any of its requirements, including violations of restrictions or conditions, shall constitute a violation. Any person who violates this title or fails to comply with any of its requirements is, upon conviction, punishable by a fine not more than $500.00 and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense.
B. 
The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor or agent who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.
C. 
Nothing herein contained shall prevent the city and borough from taking such other lawful action as is necessary to prevent or remedy any violation.
(S.G.C. 22.30.300; Ord. 02-1683 § 4, 2002)
Until all applicable fees, charges and expenses have been paid in full, including any property taxes due on the subject property, no action may be taken on any application or appeal.
(S.G.C. 22.30.320; Ord. 02-1683 § 4, 2002)
The department is authorized to seek administrative search warrants pursuant to this code for the purpose of investigating actual or suspected sources of damage caused by violations of this title or to ascertain compliance or noncompliance with this title or a permit or term or condition thereof issued under this title.
(S.G.C. 22.30.330; Ord. 02-1683 § 4, 2002)
A. 
When the department finds, after investigation, that a person is causing, engaging in, or maintaining a condition or activity which, in the judgment of the department, presents an imminent or present danger to the health, safety or welfare of the people of the municipality or would result in or be likely to result in irreversible or irreparable damage to the natural resources or environment, and it appears to be prejudicial to the interests of the people of the municipality to delay action until an opportunity for a hearing can be provided, the department, without proper hearing, shall, upon concurrence of the municipal administrator, order that person by notice to discontinue, abate or alleviate the condition or activity. The proscribed condition or activity shall be immediately discontinued, abated or alleviated.
B. 
Upon receipt of an order of the department made under subsection A of this section, the person affected has the right to be heard and to present proof to the department that the condition or activity does not constitute an actual or potential source of irreversible or irreparable damage to the public heath, safety or welfare or to natural resources or environment, or that the order may constitute a substantial private hardship.
C. 
In the department’s discretion or upon application made by the recipient of an order within 15 days of receipt of the order, the department shall schedule a hearing at the earliest possible time. The hearing shall be scheduled within five days of the receipt of the application. The submission of an application or scheduling of a hearing does not stay the operation of the department’s order made under subsection A of this section.
D. 
After a hearing the commission shall affirm, modify or set aside the order. An order affirmed, modified or set aside after a hearing is subject to judicial review. The order is not stayed pending judicial review unless the commission so directs. If an order is not immediately complied with, the municipal attorney, upon request of the department, may seek enforcement of the order.
(S.G.C. 22.30.340; Ord. 02-1683 § 4, 2002)