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(a) It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter,
<br /> repair, move, improve, remove, convert, demolish, equip, use, occupy, or maintain any
<br /> building or structure in the City or permit the same to be done, in violation of any of the
<br /> provisions of the Building Code.
<br /> (b) Any owner,tenant, or occupant of any building or structure or part thereof and any
<br /> architect, builder, contractor, agent, or other person who commits, participates in, assists,
<br /> directs, creates, or maintains any violation of the terms and provisions of this Ordinance
<br /> may be issued a red tag or violation notice by the Department.
<br /> (c) The Department may issue a red tag notice to a person(i.e., any owner, tenant, or occupant
<br /> of any building or land or part thereof and any architect, builder, contractor, agent, or other
<br /> person)who commits a violation of the Building Code. This notice will be issued by posting
<br /> such notice in a conspicuous place on the premises where the violation occurs and sending
<br /> notice to the owner and registered contractor, if applicable, and shall serve as notice that a
<br /> Building Code violation has been committed.
<br /> (d) No violation shall be issued unless red tag notice as provided by this Section has been
<br /> provided at least three(3)days before the violation is issued, in order to allow the person
<br /> receiving notice an opportunity to correct the violation and come into compliance with the
<br /> terms and provisions of the Building Code. If upon re-inspection, the Building Code
<br /> violation remains unabated, a second violation may be served at least ten (10)days
<br /> following service of the initial citation. The violation may be served by personal service;
<br /> certified mail, return receipt requested; registered mail; or, by posting such notice in a
<br /> conspicuous place on the lot where the violation occurs, and shall serve as notice that a
<br /> Building Code violation has been committed.
<br /> (e) No citation shall be issued unless notice as required by Section 6-6.1(d) has been provided
<br /> at least ten (10)days before the citation is issued, in order to allow the person receiving
<br /> notice an opportunity to come into compliance with the terms and provisions of the
<br /> Building Code. If upon reinspection, the Building Code violation remains unabated, a
<br /> citation accompanied by the fines as specified below may be issued.
<br /> (f) Monetary fines for violations of this Chapter shall be assessed as follows:
<br /> (1) The monetary fine for the first citation shall be not less than Fifty Dollars
<br /> ($50.00). The following monetary fines shall apply for each subsequent citation:
<br /> (2) Second Citation—Minimum $100.00
<br /> (3) Third Citation—Minimum $200.00
<br /> (4) Each additional—Not to exceed a$300.00 increase in the previously assessed monetary
<br /> fine, to a maximum monetary fine for each citation not to exceed Two Thousand Five
<br /> Hundred Dollars ($2,500.00).
<br /> (5) Each day that a violation remains uncorrected shall constitute a violation which
<br /> may result in the issuance of a subsequent citation.
<br /> (g) All fines prescribed by this section shall be deposited with the applicable fund for fines of
<br /> the Building Department.The person making the payment shall receive a receipt stating the
<br /> amount and purpose for which the fine has been paid, a duplicate of which shall be made a
<br /> part of the records of the City of South Bend.
<br /> (h) If a person who receives a citation fails to pay the assessed fine within sixty (60) days after
<br /> the issuance of a citation, the South Bend Corporation Council, Building Commissioner, or
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