VIOLATIONS AND PENALTY13
Editor's note—Ord. No. 24-2, adopted March 12, 2024, repealed the former Art. XV, §§ 1501—1504, and enacted a new Art. XV as set out herein. The former Art. XV pertained to similar subject matter and derived from Ord. of Jan. 26, 1989; and Ord. of Nov. 10, 1992.
All departments, officials, and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Land Development Ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this Land Development Ordinance. Any such permit, if issued in conflict with the provisions of this Land Development Ordinance, shall be null and void.
If any subdivision is made without approval of council having first been obtained, no public water or sewer facilities shall be furnished by the town to any lot in said subdivision, whether within or without the corporate limits of the town.
(Ord. No. 24-2, 3-12-2024)
Whenever a violation of this Land Development Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon provided by this Land Development Ordinance.
(Ord. No. 24-2, 3-12-2024)
Any person, firm or corporation, whether as principal, agent, employed or otherwise, violating, causing, or permitting the violation of any of the provisions of this Land Development Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to $250.00. Such person, firm, or corporations shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Land Development Ordinance is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.
(Ord. No. 24-2, 3-12-2024)
1504.01. General enforcement. The zoning administrator shall have all necessary authority on behalf of the council to administer and enforce this Land Development Ordinance, including the ordering in writing of the remedying of any condition found in violation of this Land Development Ordinance, and the bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, to insure compliance with this Land Development Ordinance.
1504.02. Enforcement of performance standards. If, in the considered judgment of the zoning administrator, there is violation of performance standards set forth in this Land Development Ordinance, the following procedure shall be followed:
a.
The zoning administrator shall give written notice by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. Such notice shall indicate the particulars of the alleged violations and the reasons why the zoning administrator considers there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit as set in the notice. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit as set constitutes admission of violation of the terms of this chapter. The notice shall further state that on request of those to whom it is directed, technical determinations as described under the appropriate sections herein will be made, and that if violation as alleged is found, costs of the determinations will be charged against those responsible for the violation, and that if no violation is found to exist, costs of the determinations will be paid by the town.
b.
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the zoning administrator, he shall note "violation corrected" on his copy of the notice and shall retain it among his records, taking such other action as may be warranted by the circumstances of the case.
c.
If there is no reply within the time limit set, thereby establishing violation as provided above, the alleged violation is not corrected to the satisfaction of the zoning administrator within the specified time limit, the administrator shall proceed to take or cause to be taken such action as warranted by the continuation of a violation after notice to cease.
d.
If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the administrator, but that more time will be required than was granted by the original notice, the zoning administrator may grant an extension of time if he deems such extension justified in the circumstances of the case, and if such extension will not, in his opinion, cause substantial peril to life, health or property. In action on requests for extension of time, the administrator shall in writing state his reasons for granting or refusing to grant such extension.
(Ord. No. 24-2, 3-12-2024)
VIOLATIONS AND PENALTY13
Editor's note—Ord. No. 24-2, adopted March 12, 2024, repealed the former Art. XV, §§ 1501—1504, and enacted a new Art. XV as set out herein. The former Art. XV pertained to similar subject matter and derived from Ord. of Jan. 26, 1989; and Ord. of Nov. 10, 1992.
All departments, officials, and public employees of this jurisdiction which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Land Development Ordinance. They shall issue permits for uses, buildings, or purposes only when they are in harmony with the provisions of this Land Development Ordinance. Any such permit, if issued in conflict with the provisions of this Land Development Ordinance, shall be null and void.
If any subdivision is made without approval of council having first been obtained, no public water or sewer facilities shall be furnished by the town to any lot in said subdivision, whether within or without the corporate limits of the town.
(Ord. No. 24-2, 3-12-2024)
Whenever a violation of this Land Development Ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the zoning administrator. He shall record properly such complaint, immediately investigate, and take action thereon provided by this Land Development Ordinance.
(Ord. No. 24-2, 3-12-2024)
Any person, firm or corporation, whether as principal, agent, employed or otherwise, violating, causing, or permitting the violation of any of the provisions of this Land Development Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, may be fined up to $250.00. Such person, firm, or corporations shall be deemed to be guilty of a separate offense for each and every day during which any portion of any violation of this Land Development Ordinance is committed, continued, or permitted by such person, firm, or corporation and shall be punishable as herein provided.
(Ord. No. 24-2, 3-12-2024)
1504.01. General enforcement. The zoning administrator shall have all necessary authority on behalf of the council to administer and enforce this Land Development Ordinance, including the ordering in writing of the remedying of any condition found in violation of this Land Development Ordinance, and the bringing of legal action, including injunction, abatement, or other appropriate action or proceeding, to insure compliance with this Land Development Ordinance.
1504.02. Enforcement of performance standards. If, in the considered judgment of the zoning administrator, there is violation of performance standards set forth in this Land Development Ordinance, the following procedure shall be followed:
a.
The zoning administrator shall give written notice by registered mail or other means insuring a signed receipt for such notice, to the person or persons responsible for the alleged violation. Such notice shall indicate the particulars of the alleged violations and the reasons why the zoning administrator considers there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the zoning administrator within a time limit as set in the notice. The notice shall state, and it is hereby declared, that failure to reply or to correct the alleged violation to the satisfaction of the zoning administrator within the time limit as set constitutes admission of violation of the terms of this chapter. The notice shall further state that on request of those to whom it is directed, technical determinations as described under the appropriate sections herein will be made, and that if violation as alleged is found, costs of the determinations will be charged against those responsible for the violation, and that if no violation is found to exist, costs of the determinations will be paid by the town.
b.
If, within the time limit set, there is no reply but the alleged violation is corrected to the satisfaction of the zoning administrator, he shall note "violation corrected" on his copy of the notice and shall retain it among his records, taking such other action as may be warranted by the circumstances of the case.
c.
If there is no reply within the time limit set, thereby establishing violation as provided above, the alleged violation is not corrected to the satisfaction of the zoning administrator within the specified time limit, the administrator shall proceed to take or cause to be taken such action as warranted by the continuation of a violation after notice to cease.
d.
If reply is received within the specified time limit indicating that the alleged violation will be corrected to the satisfaction of the administrator, but that more time will be required than was granted by the original notice, the zoning administrator may grant an extension of time if he deems such extension justified in the circumstances of the case, and if such extension will not, in his opinion, cause substantial peril to life, health or property. In action on requests for extension of time, the administrator shall in writing state his reasons for granting or refusing to grant such extension.
(Ord. No. 24-2, 3-12-2024)