§ 318-2. Enforcement; penalties for offenses.

It shall be the duty of the Commissioner or designee to enforce the provisions of this chapter in accordance with the following:

A. 

When the Commissioner or designee determines that development activity is not being carried out in accordance with the requirements of this chapter, he/she may issue a written notice of violation and order to correct to the owner or agent of the property or issue a court appearance ticket, or both. The notice of violation and order to correct shall contain:

(1) 

The name and address of the owner or applicant.

(2) 

The street address or a description of the building, structure or land upon which the violation is occurring.

(3) 

A statement specifying the nature of the violation.

(4) 

A description of the corrective actions necessary to bring the development activity into compliance with this chapter and the permit, and a time schedule necessary for completion of such corrective action.

B. 

In the event that correction is not completed within the time specified by the notice of violation and order to correct, a court appearance ticket shall be issued.

C. 

Any notice of violation, served upon the person(s) to whom it is directed either personally or by mailing a copy of the notice of violation by certified mail, return receipt requested, to such person at his or her last known address.

D. 

In an emergency situation, as determined by the Commissioner, the City may enter the premises and make necessary corrections utilizing a portion of all of the cash deposit required in § 215-11, cash deposits for compliance; maintenance bond or other surety, of this chapter. The City shall have the authority to assess the costs of the emergency correction in the same manner as real estate taxes.

E. 

In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this chapter shall be subject to a fine of not less than $250 and $250 for each additional day during which the violation continues.

F. 

If a person has violated or continues to violate the provisions of this chapter, the Commissioner may petition for a preliminary or permanent injunction at a court of jurisdiction restraining the person from activities which would create further violations or compel the person to perform abatement or remediation of the violation.