9.661 Building Official; Authority to Impose Administrative Civil Penalty.
(1) Upon a determination by the building official that a person has violated a provision of this chapter or a rule adopted thereunder, the building official may impose upon the violator and/or any other responsible person an administrative civil penalty as provided by this Section. A “responsible person” includes the violator and /or the owner of a building or property.
(2) Prior to imposing an administrative civil penalty under this Section, the building official shall make a reasonable attempt to secure voluntary correction by issuing the responsible person a Notice of Civil Violation. Upon receiving a Notice of Civil Violation, a responsible person shall have not less than five (5) days to correct the violation, unless the building official determines that a shorter time period is required due to an immediate threat to health, safety, environment or public welfare.
(3) If a violation has not been remedied to the building official’s satisfaction after the time allowed for correction has expired, the building official may impose an administrative civil penalty by issuing a Notice of Civil Penalty on each responsible person to whom a Notice of Civil Violation was issued.
(4) The Notice of Civil Penalty shall either be served by personal service or by certified mail, return receipt requested. A Notice of Civil Penalty shall include:
(a) Reference to the specific code provision or rule involved;
(b) A short and plain statement of the matter(s) asserted or charged;
(c) The specific monetary penalty imposed, supported by the factors set out in subSection six (6) of this Section;
(d) The date on which the Notice of Civil Violation was issued; or if the notice was not given pursuant to 9.661(5), a short and plain statement stating the basis for concluding the violation was knowing, intentional or repeated; and
(e) A statement of the responsible person’s right to appeal the civil penalty to the Unified Appeal Board (“the Board”).
(5) Notwithstanding subsection two (2) of this Section, the building official may impose a civil penalty without issuing a Notice of Civil Violation where the building official determines that the violation was knowing or intentional or a repeat of a similar violation.
(6) In imposing a monetary penalty authorized by this Section, the building official shall determine the following factors:
(a) The responsible person’s past attempts to remedy the violation;
(b) The gravity of the violation; and
(c) Any prior violations of this chapter.