23.58D.006

A. Failure to timely submit the report required by subsection 23.58D.004.B is a violation of the Land Use Code. The penalty for such violation shall be $500 per day from the date when the report was due to the date it is submitted. The penalty shall accrue even if the owner is not notified of the violation. B. Failure to demonstrate compliance with the owner's commitment to meet the green building standard is a violation of the Land Use Code. The penalty for each violation is subject to a maximum penalty of two percent of the construction value set forth in the building permit for the development based on the extent of noncompliance with the commitment. C. Failure to comply with the owner's commitment that the development will meet the green building standard is a violation of the Land Use Code independent of the failure to demonstrate compliance; however, failure to comply with the owner's commitment shall not affect the right to occupy any floor area, and if a penalty is paid in the amount determined under subsection 23.58D.006.B, no additional penalty shall be imposed for the failure to comply with the commitment. D. Use of penalties. An account shall be established in the SDCI Construction and Inspections Fund to receive revenue from penalties under this Section 23.58D.006 . Revenue from penalties under this Section 23.58D.006 shall be allocated to activities or incentives to encourage and promote the development of sustainable buildings. The Director shall recommend to the Mayor and City Council how these funds should be allocated. (Ord. 126685 , § 48, 2022; Ord. 126157 , § 47, 2020; Ord. 125791 , § 99, 2019; Ord. 125492 , § 39, 2017; Ord. 125163 , § 16, 2016)