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Commissioner and all rights thereunder shall terminate and the continuance of the <br />use, occupancy or operation under such certificate shall cease. <br />b. In the event that an existing structure is presently occupied in the absence of a <br />Certificate of Occupancy, an Application therefore must be filed within ten (10) days <br />of notice, subject to remedies and penalties herein. No person shall continue or <br />remain in occupancy unless the Application is filed and the Certificate of Occupancy <br />issued in accordance with this Chapter. <br />1119.06 APPEALS <br />a. Time and Notice. An appeal from any decision of the Building Commissioner may be <br />taken within ten (10) days from the date of the decision from which the appeal is <br />taken by filing an application with the Building and Zoning Board of Appeals <br />specifying the grounds therefor. The Commissioner shall forthwith transmit to the <br />Board papers upon which the action appealed was taken. <br />b. Hearing. The Board shall hear and decide appeals de novo and shall review on appeal <br />any order, requirement, decision or determination made by the Building Official in <br />the enforcement or application of the Zoning. Within its power, the Board may <br />reverse or affirm wholly or in part, or modify, any such order, requirement, decision <br />or determination appealed from and shall make such order, requirement, decision or <br />determination as in its opinion ought to be made under the circumstances and to that <br />end shall have all the powers of the officer from whose decision the appeal is taken. <br />c. Evidence and Inspection. In passing upon appeals, the Board may require submission <br />of evidence or proof to substantiate claims, and may require such additional data and <br />tests which, in the opinion of the Board, are needed for adequate consideration of the <br />appeal. Any member of the Board or any person authorized by the Board may at any <br />time enter, inspect and examine any plans, building or structure for the purpose of <br />carrying out the duties of the Board. <br />d. Stay of Enforcement. The Order of the Building Commissioner shall remain in force <br />and effect notwithstanding an appeal, and the Order shall remain subject to criminal <br />and/or civil enforcement, unless the Board grants a Stay pending appeal upon petition <br />therefore and good cause shown. <br />1119.99 PENALTY: <br />A. Minor Misdemeanor. Any person, including but not limited to the owner, occupant <br />or operator of any real property, building or premises, or a part thereof, who is or has <br />been in title, possession, use or occupancy of said property and where there exists any <br />violation of this Chapter or the Building or Zoning Codes, shall be guilty of a minor <br />misdemeanor, subject to penalties of not more than $150.00 for each and every <br />violation. Further, each and every day of violation shall constitute a separate offense <br />and such penalty may be imposed for each and every day that such violation is found <br />to persist. <br />B. Mandatory Per Diem Penalty upon Failure to Comply. In addition to such <br />offenses in (A), upon the observation of the commission of any such violation, it shall <br />