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• 0 <br />Section 3.09. Penalty for violations. <br />Unless a different penalty is specifically provided elsewhere in this Article, any <br />person violating any provision of this Article shall be deemed guilty of a misdemeanor, <br />and, upon conviction, shall be fined not less than $250.00 nor more than $2,000.00. <br />Each day a violation continues shall constitute a separate offense. It shall be an affir- <br />mative defense to prosecution under this Article that compliance with this Article or any <br />order issued pursuant hereto was prevented as a result of the time for review and <br />appeal following application for a building permit for mandatory repair pursuant to this <br />Article. <br />Section 3.10. Powers and duties of building official. <br />(a) The building official or his designee has responsibility for the enforcement <br />of this Article, as more particularly provided herein. <br />(b) The building official, upon presentation of proper identification to the <br />owner, agent or tenant in charge of a property, may enter the premises at any <br />reasonable time; provided that, in cases of emergency where extreme hazards are <br />known to exist that may involve imminent injury to persons, loss of life or severe <br />property damage, the building official may enter the premises at any time upon <br />presentation of proper identification. Whenever the building official is denied admission <br />to inspect any premises, inspection shall be made only under authority of a warrant <br />issued by magistrate authorizing the inspection for violations of this Article. In applying <br />for such a warrant, the building official shall submit to the magistrate an affidavit setting <br />forth the reason to believe that a violation of this Article exists with respect to the <br />property sought to be inspected and the reasons for such belief. The affidavit shall des- <br />ignate the location of the property sought to be inspected and -the name of the person <br />believed to be the owner, operator or occupant thereof. If the magistrate finds that <br />probable cause exists for a search of the premises in question the magistrate shall <br />issue a warrant authorizing the search, and describing the premises with sufficient <br />certainty to identify it. Any warrant so issued shall constitute authority for the building <br />official to enter and inspect and gather evidence by any reasonable means including <br />photography, video tape, and procuring samples and specimens of the premises de- <br />scribed therein. It shall be unlawful for any person to interfere with or refuse to permit <br />entry or inspection pursuant to a warrant. <br />Section 3.11. Alternative notices posted. <br />If the official charged with posting a notice or placard on property reasonably <br />believes it will present a danger to post any notice or placard in the manner otherwise <br />required, the official charged with posting such notice or placard may post such notice <br />or placard in any manner reasonably likely to accomplish the intent of such notice or <br />placard: <br />Page 5 <br />