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(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 <br /> appropriate enforcement official may file a lawsuit as provided by applicable law to enforce <br /> the terms and provisions of this Ordinance. <br /> (i) Seeking a penalty as authorized in this section does not preclude the City from seeking <br /> alternative and additional relief from the Court in the same action, or from seeking <br /> injunctive relief or any other remedy in a separate action for the enforcement of this <br /> Ordinance available under applicable Indiana law. <br /> (j) Any person or anyone acting on behalf thereof who violates or fails to comply with any of <br /> the provisions of the Building Code shall be guilty of an offense and, upon conviction <br /> thereof, shall be fined five hundred dollars ($500.00). Each day that a violation is permitted <br /> to exist shall constitute a separate offense. In the event that a violation of this Ordinance is <br /> determined to exist by a court of competent jurisdiction, the owner, tenant, or occupant of <br /> any building or land or part thereof and any architect, builder, contractor, agent, or other <br /> person who commits, participates in, assists, directs, creates, or maintains any situation that <br /> is in violation of the terms and provisions of this Ordinance shall be liable to the City of <br /> South Bend for the City's reasonable attorney fees in accordance with Indiana law. <br /> (Ord. No. 8243-92, § 1) <br /> Sec. 6-6.2. Certificate of occupancy. <br /> (a) General. A Certificate of Occupancy shall be required for all new residential dwelling, new <br /> non-residential structures, and non-residential structures with renovations over the cost of <br /> fifty thousand dollars ($50,000.00), with the exception of a renovation involving life safety <br /> issues. <br /> (b) Use and Occupancy. No building or structure as listed in Subsection 6.6.2(a) shall be used <br /> or occupied until the building official has issued a Certificate of Occupancy as provided <br /> herein. Issuance of a Certificate of Occupancy shall not be construed as an approval or <br /> waiver of a violation of the provisions of the Building Codes or of any other ordinances <br /> enforced by the Building Department. It shall be unlawful to use or occupy a building or <br /> structure as listed in Subsection 6.6.2(a) without the issuance of a Certificate of Occupancy. <br /> (c) Certificate Issued. After the building official inspects the building or structure and finds no <br /> violations of the provision of the Codes listed above, the building official shall issue a <br /> Certificate of Occupancy that contains the following: <br /> (1) The building permit number. <br /> (2) The address of the structure. <br /> (3) The name and address of the owner. <br /> (4) The township in which the structure is located. <br /> (5) The name and address of the general contractor. <br /> (6) The State project number, if applicable. <br /> (7) The zoning of the property. <br /> (8) The occupancy group/use of the structure. <br /> ( 9) A statement that the described structure or portion of the structure has been inspected <br /> for compliance with the requirements of the codes for the occupancy and use for which <br /> the proposed occupancy is classified. <br /> (10) Any special stipulations and conditions of the building permit. <br /> (11) The name of the building official. <br /> Page 12 of 31 <br />