Sec. 18-1-80. Violations.
Violation of the provisions of this Building Code, including each supplemental code adopted herein, shall be subject to this general violation section.
(1) Unlawful Acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, repair, move, remove, demolish or utilize any building, structure or equipment regulated by this Building Code, or cause the same to be done, in conflict with or in violation of any of the provisions of this Building Code.
(2) Commencement of Proceedings. Whenever the Building Official has inspected or caused to be inspected any building or premises and has found and determined that violations of this Building Code exist, he or she shall commence proceedings to cause the correction of said violations.
(a) Notice and Order. The Building Official shall issue a notice and order directed to the record owner of the building or premises. The notice and order shall contain:
1. The street address and a legal description sufficient for identification of the premises upon which the building or premises is located.
2. A concise description of the conditions found to be in violation of this Building Code and including the specific section of the code violated.
3. A statement of the action required to be taken as determined by the Building Official.
a. If the Building Official has determined that a building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the Building Official shall determine is reasonable under all of the circumstances.
b. If the Building Official has determined that a building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the Building Official to be reasonable.
c. If the Building Official has determined that a building or structure must be demolished, the order shall require that the building be vacated within such time as the Building Official shall determine is reasonable (not to exceed sixty (60) days from the date of the order); that all required permits be secured therefor within sixty (60) days from the date of the order; and that the demolition be completed within such time as the Building Official shall determine is reasonable.
4. Statements advising that if any required repair or demolition work (without vacation also being required) is not commenced within the time specified, the Building Official:
a. Will order the building or premises vacated and posted to prevent further occupancy until the work is completed; and
b. May proceed to cause the work to be done and charge the costs thereof against the property or its owner.
5. Statements advising:
a. That any person having any record title or legal interest in the building or premises may appeal from the notice and order or any action of the Building Official to the Board of Adjustments; provided, that the appeal is made in writing as provided in this Building Code and filed with the Building Official within thirty (30) days from the date of service of such notice and order; and
b. That failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter.
(b) Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one (1) copy thereof shall be served on each of the following if known to the Building Official or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building, premises or the land on which it is located. The failure of the Building Official to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed on him or her by the provisions of this Section.
(c) Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at his or her address as it appears on the last property assessment roll of the County or as known to the Building Official. If no address of any such person so appears or is known to the Building Official, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice or to accept delivery of such notice shall not affect the validity of any proceedings taken under this Section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(d) Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail, shall be affixed to the copy of the notice and order retained by the Building Official.
(3) Stop Work Orders. Upon notice from the Building Official that work is being done contrary to the provisions of this Building Code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, the owner’s agent or the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the Building Official shall not be required to give a written notice prior to stopping the work. Any person who shall continue any work on the system after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor, punishable by a fine of not more than five hundred dollars ($500.00).
(4) Prosecution of Violation. If the notice of violation is not complied with promptly, the Building Official may request the legal counsel of the jurisdiction 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 of the structure in violation of the provisions of this Building Code or of the order or direction made pursuant thereto. In addition, the Building Official may issue and serve the violator(s) a summons and complaint requiring appearance in the Municipal Court to answer the charge(s) brought against him or her. These remedies are not exclusive; one (1) does not preclude pursuit of any other remedy noted herein or otherwise available to the Town.
(5) Violation Penalties. Persons who shall violate a provision of this Building Code, fail to comply with any of the requirements thereof or erect, install, alter or repair work in violation of the approved construction documents or directive of the Building Official, or of a permit or certificate issued under the provisions of this Building Code, shall be guilty of a noncriminal violation, punishable by a fine of not more than five hundred dollars ($500.00). Each day that a violation continues after due notice has been served shall be deemed a separate and distinct offense.
(6) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction, restrain, correct or abate a violation, prevent illegal occupancy of a building, structure or premises or stop an illegal act, conduct, business or utilization of the installations on or about any premises.
(7) Repair, Vacation and Demolition. The following standards shall be followed by the Building Official (and by the Board of Adjustments if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
(a) Any building declared a dangerous building under this Building Code shall be made to comply with one (1) of the following:
1. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or
2. The building shall be demolished at the option of the building owner; or
3. If the building does not constitute an immediate danger to the life, limb, property or safety of the public, it may be vacated, secured and maintained against entry.
(b) If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
(8) Unsafe Installations. An installation that is unsafe, constitutes a fire or health hazard or is otherwise dangerous to human life, as regulated by this Building Code, is hereby declared an unsafe installation. Use of an installation regulated by this Building Code constituting a hazard to health, safety or welfare by reason of inadequate maintenance, dilapidation, fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe installations are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal.
(a) Authority to Condemn Installations. Whenever the Building Official determines that any installation, or portion thereof, regulated by this Building Code has become hazardous to life, health or property, he or she shall order in writing that such installations either be removed or restored to a safe condition. A time limit for compliance with such order shall be specified in the written notice. A person shall not use or maintain a defective installation after receiving such notice. When such installation is to be disconnected, written notice as prescribed in Subsection (2) of this Section shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice.
(b) Authority to Disconnect Service Utilities. The Building Official shall have the authority to require disconnection of utility service to the building, structure or system regulated by the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practicable thereafter.
(c) Connection After Order to Disconnect. A person shall not make energy source connections to installations regulated by this Building Code which have been disconnected or ordered to be disconnected by the Building Official, or the use of which has been ordered to be discontinued by the Building Official, until the Building Official authorizes the reconnection and use of such installations. When an installation is maintained in violation of this Building Code, and in violation of a notice issued pursuant to the provisions of this Section, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation.
(9) Notice to Vacate.
(a) Posting. Every notice to vacate shall, in addition to being served as provided in Subsection (2)(b) of this Section, be posted at or upon each exit of the building and shall be in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official, Town of Frederick
(b) Compliance. Whenever such notice is posted, no person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under a permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition or removal have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code. (Ord. 1158 §47, 2013)