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 or permit the same to be done, contrary to or in violation of any of the provisions of the city building code.
B. It is unlawful for any person to remove or deface any sign, notice, complaint or order required by or posted in accordance with the city building code.
C. It is unlawful to misrepresent any material fact in any application, plans or other information submitted to obtain any permits or authorizations under the city building code.
D. Civil Infraction. Except as provided in subsection E of this section, conduct made unlawful by the city building code shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035, including payment of a fine of not more than $500.00 per violation for each day of noncompliance and payment of court costs. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC.
E. Misdemeanor. Any person who again violates this section within 12 months after receiving a notice of infraction pursuant to subsection A of this section commits a misdemeanor and any person who is convicted thereof shall be punished as provided in BIMC 1.24.010.A.
F. Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other available sanction or remedial procedure, any person engaging in conduct made unlawful by the city building code shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with BIMC 1.26.090.
G. Additional Remedies. In addition to any other remedy provided by this chapter or under the Bainbridge Island Municipal Code, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of this chapter and/or to restore a condition which existed prior to the violation. In any such proceeding, the person violating and/or failing to comply with any provisions of the city building code shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.
H. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC 15.04.020, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2007-17 § 3, 2007: Ord. 2004-14 § 4, 2004: Ord. 98-05 § 1, 1998; Ord. 96-12 § 4, 1996; Ord. 95-02 § 4, 1995; Ord. 89-22 § 3, 1989; Ord. 86-14 § 3, 1986; Ord. 84-02 § 2, 1984: Ord. 81-18 § 1, 1981: Ord. 79-28 § 3(A), 1979)