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38-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department
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38-25 Amending Articles 1 Through 7 and Article 11 of Chapter 6 of the South Bend Municipal Code to Update Regulations Governing the Building Department
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independent authority to conduct inspections and take enforcement actions under IC 36-8- <br /> 174. <br /> (Ord.No.8243-92,§ 1) <br /> Sec.6-6.1.Compliance with Building Code. <br /> (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 orpart thereof and any / Formatted:Not Highlight <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 s iolation 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 ma\ 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 /> tel 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 lines as specified below may be issued. <br /> (I) Monetary fines for violations of this Chapter shall he assessed as follows: <br /> (I) The monetary fine for the first citation shall he not less than Fitt\ Dollars <br /> ($50.00).The following monetary tines shall apply for each subsequent citation: <br /> (2) Second Citation—Minimum$100.0(1 <br /> (3) Third Citation—Minimum$200.00 <br /> (4)Each additional—Not to exceed a$300.00 increase in the previously assessed monetary <br /> tine.to a maximum monetary line 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 • {Formatted:Indent Left. 0.33",Hanging: 0.17" <br /> may result in the issuance of a subsequent citation. <br /> Page 16 of 51 <br />
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