§ 190.109. Remedial and stop work orders—Revocation, violation notice.

A.

Written Notice or Order. Whenever the Superintendent is satisfied that a building or structure, or any work in connection therewith, the erection, construction, alteration, execution, repair or demolition of which is regulated, permitted, or forbidden by this building code, is being erected, constructed, altered, or repaired in violation of this building code, or in violation of a detailed statement or plan submitted and approved, or a permit or certificate issued under this building code, he shall serve a written notice of violation and order to comply upon the property owner or person responsible for or involved in the work directing the discontinuance of the illegal action and the remedying of the condition.

The notice and order shall:

1.

Be put in writing on an appropriate form as the Superintendent shall determine;

2.

Include a list of violations, refer to the sections and divisions violated and order remedial action which will effect compliance with the provisions of this building code;

3.

Specify a reasonable time within which to comply; and

4.

Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the building affected.

B.

Stop Work. Whenever, in the opinion of the Superintendent, by reason of defective, reckless, careless, or other work done in violation of this building code, the continuance of a building operation is contrary to public welfare and safety, or when the required permit has not been obtained or posted as required in §§ 190.201 and 190.202 of this building code, the Superintendent may order, either orally or in writing, work to be stopped until the violation has been remedied.

C.

Permit Revocation. The Superintendent may revoke a permit or approval if there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based, or whenever work to be performed, or that was performed, under a permit and approved plan, does not substantially conform to the plan.

D.

Administrative Penalty. Whenever a person violates or fails to comply with any of the provisions of this building code, the Superintendent shall have the authority to impose an administrative penalty. The Superintendent shall consider the following criteria in assessing an administrative penalty:

1.

The extent to which the person has benefited by the violation of this building code;

2.

The impact on neighboring premises;

3.

The recidivism of the person, including previous notices of violation and orders to comply and previous enforcement action;

4.

Good faith efforts of the person to remedy the violation of this building code; and

5.

The duration of the violation after a notice of violation and order to comply was served pursuant to this section.

E.

Notice. The imposition of an administrative fine shall be accomplished only after a notice and order to comply is provided to the person. Notice of a decision imposing an administrative fine shall:

1.

Be put in writing on an appropriate form as the Superintendent shall determine;

2.

State the basis for the administrative penalty, including the section of this building code that has been violated;

3.

Specify the date and manner by which the penalty must be paid; and

4.

Be served on the person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified or regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the dwelling affected.

(Ord. 388-1998)

(Ord. 291-2013)