§ 94-133. Violations, notification and enforcement.

(a)

Violations. Procedures for violation of this article are as follows:

(1)

Noncompliance. Failure to comply with the requirements of this article shall be considered a violation of this article.

(2)

Notice of violation. Whenever a violation has occurred, the inspector shall immediately issue written notice to the person in violation, identifying the nature and location of the violation and shall specify that remedial action is necessary to bring the violation into compliance. The person in violation shall have 30 calendar days after receipt of the notice or such longer time as may be specified in the notice to complete the remedial actions required to bring the activity into compliance with this article.

(3)

Failure to comply after notice of violation. If the person in violation, including the property owner, fails to complete recommended remedial action within the time allowed, the city may suspend or revoke the building permit and refuse to issue a certificate of occupancy or the city may refer such matter to the city's code enforcement board and may initiate any other enforcement action authorized by law.

(4)

Immediate corrective actions. Whenever it is determined by the city that a violation may result in danger to life or property, the city may require immediate corrective action. Initiation of any required remediation activities shall commence within 24 hours and shall be completed within a time specified by the city. Failure to take such immediate corrective action shall constitute a violation of this article. If immediate corrective measures are not taken and there is danger or hardship to the public, the city may enter upon lands, take corrective actions, and place a lien on the real property of such person or persons to recover the costs of the corrective measures.

(b)

Notice of violation. A copy of any notice of violation issued pursuant to this article shall be served upon the affected persons by either personal delivery or certified mail and shall be posted on the site. A notice of violation may be directed to the person owning the land upon which the noncompliance is occurring or to any person actually physically committing the violation. When immediate corrective actions are warranted under subsection (a)(4) of this section, reasonable effort shall be made to provide notice as specified in this section, but where such notice cannot be immediately effected thereby, sufficient notice may be given by physically leaving a copy of the notice or order at the address of the owner of the property or with any person at such address who is 18 years of age or older and informing such person of the contents of the notice or order.

(c)

Penalties.

(1)

Generally. Any person violating any section of this article shall be punished according to law or in accordance with the findings of the city's code enforcement board. Each day any violation continues shall be a separate offense.

(2)

Injunctions. The city may seek an injunction against any violation of this article and recover from the violator such damages as the city may suffer, including costs and attorney's fees.

(d)

Enforcement. This article shall be strictly enforced in accordance with the enforcement procedures established in division 2 of article II of chapter 2 and any established federal or state enforcement procedures.

(Code 1988, § 27-8)