Saint John City Zoning Code
ARTICLE IX
Enforcement
Section 400.400 City Manager - Responsibilities.
[CC §21.7-4; Ord. No. 319 2-16-1988]
The City Manager hereby is authorized and directed to enforce all of the provisions of this Title and all other Ordinances of the City of St. John now in force or hereafter adopted, relating to Flood, Zoning, Subdivisions or Building Code.
Section 400.410 Duties and Powers of Director of Public Works - Generally.
[CC Ch. 35 §27(1 — 3); Ord. No. 10-1974 Ch. 35 §27(1 — 3), 7-1-1974]
A.
It shall be the duty of the Director of Public Works to enforce the provisions of this Chapter. The City Council may authorize the deputizing of one or more additional members of his Department, as well as members of other City Departments who have a particular skill or competence, to act for the Director of Public Works. The term "Director of Public Works" as used elsewhere in this Chapter shall be deemed to include such deputies.
B.
The Director of Public Works shall enforce the provisions of this Chapter by authorizing the issuance of construction permits and occupancy permits. By means of field inspections and other activities delineated herein, he shall ensure conformance with this Chapter. He shall maintain a list and file of all non-conforming uses and developments which are subject to the provisions of Article VI of this Chapter. Upon the advice of the City Attorney, the Director of Public Works shall take appropriate action to assure that all uses and developments within the City limits comply with this Chapter and any ruling made pursuant thereto. The Director of Public Works is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress and to order the stoppage of work being done in violation of this Chapter. He shall inspect, or cause to be inspected, such premises after work is completed and shall not authorize the issuance of any occupancy permit until final inspection has been made.
C.
The Director of Public Works shall have the power to adopt such administrative regulations as he deems necessary to the carrying out of his enforcement responsibilities. These regulations shall have general applicability to cases of similar character.
Section 400.420 Inspections, Surveys, Etc.
[CC Ch. 35 §27(7); Ord. No. 10-1974 Ch. 35 §27(7), 7-1-1974]
The Director of Public Works or his authorized representatives are hereby empowered, in the performance of their functions, to enter upon land in the City for the purpose of making inspections, examinations, and surveys or to place and maintain thereon monuments, markers, notices, signs or placards required to effectuate the purpose and provisions of this Chapter. All authorized representatives shall be required to present proper credentials upon demand when entering upon any land or structure for the purpose of this Article.
Section 400.430 Stop Work or Stop Use Notices.
[CC Ch. 35 §35(27(8 — 10); Ord. No. 10-1974 Ch. 35 §27(8 — 10), 7-1-1974]
A.
The Director of Public Works, his deputies or inspectors may cause the cessation of any erection, construction, reconstruction, alteration, conversion, maintenance or use in violation of the Zoning Code by posting a "stop work" or "stop use" notice on the premises and by notice in writing to the owner of the property involved, or to his agents, or to the person doing the work in the case of a stop work order, stating the nature of the violation.
B.
The Director of Public Works may refer any violation of this Chapter to the City Attorney for prosecution or other appropriate action when deemed necessary.
C.
The Police Department shall aid the Director of Public Works in enforcing this Chapter by posting "stop work" or "stop use" notices when requested by the Director of Public Works.
Section 400.440 Violation and Penalty.
[CC Ch. 35 §27(11); Ord. No. 10-1974 Ch. 35 §27(11), 7-1-1974]
The owner or agent of a building or premises in or upon which a violation of any provision of this Chapter has been committed or shall exist; or the lessee or tenant of an entire building or entire premises in or upon which any such violation has been committed or shall exist; or the owner, agent, lessee or tenant of any part of the building or premises in or upon which any such violation has been committed or shall exist; or the agent, architect, building contractor or any other person who commits, takes part or assists in any violation or who maintains any building or premises in or upon which such violation shall exist, shall upon conviction, be punishable by a fine of not less than ten dollars ($10.00) and not more than one hundred dollars ($100.00) for each and every day that such violation continues. However, if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than one hundred dollars ($100.00) nor more than two hundred and fifty dollars ($250.00) for each and every day that such violation shall continue, or by imprisonment for ten (10) days for each and every day such violation shall continue, or by both such fine and imprisonment at the discretion of the Court. Any person who, having been served with an order to remove any such violation, shall fail to comply with such order within ten (10) days after such service, or shall continue to violate any provision of the regulations made under authority of this Chapter in the respect named in such order, shall also be subject to a civil penalty of two hundred and fifty dollars ($250.00).