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(1) Applicants electing to use a private provider to perform a plan review or
<br /> inspection pursuant to the provisions of I.C. 36-7-2.5 et seq. are subject to a
<br /> convenience fee of One Hundred Dollars ($100.00) which shall be paid at the
<br /> time the application is submitted.
<br /> (2) The City may withhold this convenience fee from fees initially paid for a City-
<br /> conducted plan review or inspection if the applicant switches from a City-
<br /> conducted plan review or inspection to a private provider.
<br /> Sec. 6-6. Administration.
<br /> (a) The Building Commissioner or his designated representative shall have the power to
<br /> administer and enforce the Building Code and any and all ordinances or codes adopted now
<br /> or hereafter by the Common Council of the City of South Bend that regulate construction,
<br /> enlargement, repair, alteration, relocation and demolition of buildings and heating,
<br /> ventilation, air conditioning, electrical and plumbing construction.
<br /> (b) The Chief of the Fire Department, or his designated representative, shall assist the Building
<br /> Commissioner in the inspection of fire suppression, detection and alarm systems, as to those
<br /> structures within the jurisdiction of the Building Department, and shall provide reports of
<br /> such inspection to the Building Commissioner.
<br /> (c) The Building Commissioner and the Fire Department shall work cooperatively to conduct
<br /> inspections and investigations to promote compliance with fire safety laws, as to those
<br /> structures within the jurisdiction of the Building Department. The Fire Department has
<br /> independent authority to conduct inspections and take enforcement actions under IC 36-8-
<br /> 17.
<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 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:
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