Chapter 15.45
BUILDING CODE VIOLATIONS

Sections:

15.45.010    Penalties.

15.45.020    General penalty.

15.45.010 Penalties.

A. No person shall violate any provision or fail to comply with any of the requirements of Chapters 15.05 through 15.40 and 15.75 through 15.85 CMC, or of the codes thereby adopted. Unless a different penalty is prescribed for violation of specific provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes adopted thereby, every act prohibited or declared unlawful and every failure to perform an act made mandatory by Chapters 15.05 through 15.40 and 15.75 through 15.85 CMC, or of the codes thereby adopted, is punishable as a misdemeanor. Where the city attorney determines that such action would be in the interest of justice, he/she may specify in the accusatory pleading that the offense shall be an infraction. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 CMC. Each person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes adopted thereby, is committed, continued, or permitted by such person and shall be punishable accordingly.

B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC, or of the codes thereby adopted, shall constitute a public nuisance and may be abated by the city by civil process by means of a restraining order, preliminary or permanent injunction, or in any manner provided by law for the abatement of such nuisance. The city shall further be reimbursed its attorneys’ fees and costs of abatement, as provided by law.

C. All remedies herein are stated to be cumulative and nonexclusive. [Ord. 368 § 9, 2019; Ord. 344 § 9, 2016; Ord. 329 § 12, 2013; Ord. 311 § 11, 2011; Ord. 198 § 10, 2002; Code 1990 § 8.9.01.]

15.45.020 General penalty.

Except in cases where a different punishment is specifically prescribed elsewhere in Chapters 15.05 through 15.40 or 15.75 through 15.85 CMC or in the codes adopted thereby, every misdemeanor offense is punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding $1,000, or by both; and every offense prosecuted as an infraction shall be punishable by a fine not exceeding $100.00 for a first violation, a fine not exceeding $200.00 for a second violation of the same provision within one year, and a fine not exceeding $500.00 for each additional violation of the same provision within one year. Any person who has previously been convicted two or more times during any 12-month period for any crime made punishable as an infraction shall be guilty of a misdemeanor upon the third violation. Alternatively, an administrative citation for the violation may be issued pursuant to Chapter 1.30 CMC. [Ord. 368 § 10, 2019; Ord. 344 § 10, 2016; Ord. 329 § 13, 2013; Ord. 311 § 12, 2011; Ord. 198 § 11, 2002; Code 1990 § 8.9.02.]