(a)   The erection, construction, enlargement, conversion, moving or maintenance of any building or structure, and the use of any land or building which is continued, operated or maintained, contrary to the provisions of this code is hereby declared to be a violation of this code and unlawful.

   (b)   The failure of any person, firm or corporation to comply with a lawful order of the Development Code Administrator is hereby declared to be a violation of this code and unlawful.

   (c)   Whenever the Development Code Administrator, or their designee, determines that there has been a violation of any provision of this code, the Development Code Administrator, or their designee, shall give notice of such violation to the person in accordance with § 1228.06.

(Ord. O2018-02, passed 2-20-2018)

   All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this code and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this code. Any permit or license, issued in conflict with the provisions of this code, shall be null and void and of no effect whatsoever, and no utility or other public service shall be provided to any property used in violation of this or any other applicable ordinance of the City.

(Ord. O2018-02, passed 2-20-2018)

   Whenever a violation of this code occurs or is alleged to have occurred, any person may file a complaint with the Development Code Administrator. The Development Code Administrator shall record such complaint, investigate the complaint, and take action as provided by this code.

(Ord. O2018-02, passed 2-20-2018)

   The owner and/or tenant of any building, structure, premises, or part thereof, and any architect, engineer, surveyor, builder, contractor, agent, or other person who commits, participates in, assists in, or maintains a violation may be found guilty of a separate offense and suffer the penalties herein provided.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2021-73, passed 9-21-2021)

   The Development Code Administrator, or their designee, is authorized to make inspections of properties and structures for the purpose of enforcing the provisions of this code. Prior to seeking entry to any property or structure for such examination, the Development Code Administrator, or their designee, shall attempt to obtain the permission of the owner or occupant to inspect the property or structure. If such permission is denied or cannot be obtained, the Development Code Administrator shall request the assistance of the Middletown Law Director in securing a valid search warrant prior to entry.

(Ord. O2018-02, passed 2-20-2018)

   (a)   Initial written notice.

      (1)   If the Development Code Administrator, or their designee, finds that any provision of this code is being violated, a written notice shall be sent to the person responsible for such violation.

      (2)   Such notice shall:

         A.   Be in writing;

         B.   Identify the violation;

         C.   Include a statement of the reason or reasons why it is being issued and refer to the applicable sections of this code; and

         D.   State the time by which the violation shall be corrected.

      (3)   Service of notice of violation shall be as follows:

         A.   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person of suitable age and discretion;

         B.   By certified mail, return receipt requested, and addressed to the person or persons responsible at a last known address;

         C.   If a certified mail envelope is returned with endorsement showing that the envelope is unclaimed, then service shall be sent by ordinary mail, and the mailing shall be evidenced by a certificate of mailing. Service shall be deemed complete when the fact of mailing is entered of record, provided the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery; or

         D.   By posting a copy of the notice form in a conspicuous place on the property where the violation is located.

      (4)   Additional written notices may be sent at the Development Code Administrator's, or their designee's, discretion.

   (b)   Order. An order (the initial written notice may include the order) shall be sent to the person responsible for such violation. The order shall be in writing and may order the remediation of a condition found in violation of this code, within a reasonable time. In the case of imminent danger to life or property, a reasonable time may be immediately. If the order requires cessation of use, it may include an order to vacate the premises or to remove any building or structure as a method of remedying the condition. If not served with the initial written notice, the order shall be served in a manner provided by § 1228.06(a)(3). It shall state what action the Development Code Administrator, or their designee, intends to take if the violation is not corrected.

   (c)   Emergency enforcement. Notwithstanding the foregoing, in cases when delay would seriously pose a danger to the public health, safety, or welfare, the Development Code Administrator, or their designee, may seek enforcement without prior written notice by invoking any of the penalties or remedies authorized in § 1228.07.

(Ord. O2018-02, passed 2-20-2018)

   If no action is taken within the time period allowed for correction of the violation of this Code, the Development Code Administrator may in their sole discretion pursue compliance with this Code through any or all of the remedies provided in this section. The use of any remedy herein does not constitute a waiver of any other remedy, except as specifically provided herein.

      (1)   The Development Code Administrator may, as an alternative to criminal prosecution, cite a person who violates any provision of this code or fails to obey any lawful order of the Development Code Administrator issued in pursuit of conformity to this code, for a civil offense and collect a civil penalty in the amount of one hundred and fifty dollars ($150.00) for the first citation and two hundred and fifty dollars ($250.00) for all subsequent citations within a three year period. A person may not be cited for a civil penalty if that person is charged with a misdemeanor under division (c) hereof for the same offense.

      (2)   The Development Code Administrator, or their designee, shall issue the citation in accordance with Chapter 214 of the Middletown Codified Ordinances, and the citation shall be processed in accordance with the requirements of that chapter.

(Ord. O2018-02, passed 2-20-2018; Am. Ord. O2019-48, passed 9-3-2019; Am. Ord. O2023-80, passed 9-19-2023)