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A. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City or cause the same to be done contrary to or in violation of any of the provisions of this title.

B. The Building Official, and his/her designee is specifically authorized to impose a civil penalty for any violation of the Building Code, including an order of the Building Official to remedy such violation. The civil penalty shall be served in a “Notice and Order Imposing the Civil Penalty” for the violation. The Notice shall:

1. Describe the alleged violation, including any relevant code provision numbers, ordinance numbers or other identified references; and

2. State that the City of Ashland intends to assess a civil penalty for the violation and states the amount of the civil penalty; and

3. State that the party may challenge the civil penalty by filing a notice of appeal to the Building Board of Appeals within 15 days of service of the Notice as provided in AMC Chapter 15.

C. The civil penalty may not exceed the maximum civil penalty amount authorized for an equivalent specialty code violation under ORS 455.895, subject to the limitations in the Ashland City Charter. Any person, firm or corporation violating any of the provisions of this title shall be deemed guilty of an offense and each such person shall be deemed guilty of separate offense on each and every day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continue or permitted and upon conviction of any such violation. The civil penalties provided herein are in addition to and not in lieu of any other remedy for enforcement available to the City including but not limited to increased permit or investigative fees, injunctive relief or any other remedy.

D. Unpaid Penalties

1. Failure to pay an administrative penalty imposed pursuant to this code within thirty (30) days after the penalty becomes final shall constitute a Class I violation of this code.

2. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess against the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of City liens.

3. In addition, failure to pay an administrative civil penalty imposed pursuant to this code shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, as well as revocation or suspension of any issued permits or certificates of occupancy. (Ord. 3043, amended, 12/21/2010; Ord. 3003, added, 02/18/2010)

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