§ 4-211. Penalties.

(a)

Any person licensed within the city to perform work as regulated by this chapter who violates any provision of this chapter shall be penalized as follows:

(1)

1st offense—Penalty in the amount of the permit fee or fifty dollars ($50.00), whichever is greater.

(2)

2nd offense within one (1) year—Penalty in the amount of the permit fee or two hundred fifty dollars ($250.00), whichever is greater.

(3)

3rd offense within one (1) year—Penalty in the amount of the permit fee or five hundred dollars ($500.00), whichever is greater.

(4)

4th offense within one (1) year—The person's license shall be suspended for a period of six (6) months, and there shall be imposed a one hundred dollar ($100.00) license reinstatement fee.

In addition to the aforementioned prescribed penalties, any person licensed within the city to perform work as regulated by this chapter who violates any provision of this chapter may be issued a citation to appear before the municipal court of the city and upon conviction of the misdemeanor offense shall be sentenced to pay a fine not to exceed the sum of one thousand dollars ($1,000.00) and/or to serve six (6) months in jail.

In case of continuing violations without reasonable effort on the part of the person to correct the same shall constitute a separate offense each day the violation continues.

A penalty in the amount of fifty dollars ($50.00) for the first offense will be imposed on any contractor who does not call for routine inspections during the construction period. After thirty (30) days from the completion of the job, if a final inspection has not been called, the penalty will be imposed.

(b)

Any person who is not licensed in the city, other than a homeowner performing work under the homeowner exemption clause contained in section 4-206 of this chapter, who violates any provision of this chapter, including the requirements for license holders and contractors, shall be guilty of a misdemeanor and upon conviction thereof shall be sentenced to pay a fine not to exceed one thousand dollars ($1,000.00).

(c)

The penalties for violation of the provisions of this chapter committed by homeowners performing work under the homeowner exemption clause contained in section 4-206 of this chapter shall be in the amount of the permit fee.

(d)

If a person's master license is suspended, he shall be allowed to complete the jobs for which he already holds a permit; however, he shall not be issued any additional permits during the period of suspension. Any suspension may be appealed to the Southaven License Commission. The action of the license commission may be appealed to the mayor and board of aldermen. The suspension period shall not commence until the final decision is rendered.

(e)

If a violation of the city's construction codes is not corrected within ten (10) calendar days of the date the permit holder was notified of the violation, no further permits shall be issued to the offender until the violation(s) are corrected. The building official may grant an extension in time to correct the violation(s) if he deems it appropriate for the amount of time necessary to physically correct the violation(s).

(f)

The license commission, in its discretion, may call, collect or otherwise demand the proceeds of the license bond from the bonding company of any license holder who refuses or otherwise does not correct any violation of this chapter or the city's construction codes after having been given adequate time to correct the violation(s). The license shall automatically be revoked upon the calling of the bond. The person shall not be granted another license in the city until after one (1) year from the date of revocation of his former license, and, furthermore, the license shall not be granted until the person satisfies the examination exemption clause of MCA 1972, § 27-17-457, as amended.

(g)

The license commission shall also have the authority to suspend or revoke licenses upon repeated violations committed over a period in excess of one (1) year as contained in subsection (a) of this section. The license shall not be revoked until after the alleged offender has been given the opportunity to defend his actions. The city may also take any other legal action prescribed by law to uphold the provisions of this chapter.

(Ord. No. 21, § 11, 4-6-82; Ord. of 12-17-85, § 1; Ord. of 1-5-93(2), § 3; Ord. of 6-7-94(2), § II)