(A)   Enforcement responsibility. The Town Council, by its own action, or through the Mayor, the Building Official, the Zoning Official or other designated town employee, shall be responsible for enforcing and administering the Land Development Code. The town shall arrange for the employment of those persons necessary for the efficient and effective administration and enforcement of this code.

   (B)   Persons chargeable. In the prosecution of violations of the code, the town may proceed against the following persons who shall be chargeable with such offenses, including:

      (1)   The owner, agent, lessor, lessee, trustee, contractor or any other person or corporation using or occupying the land, building or premises where such violation has been committed or shall exist;

      (2)   Any person who knowingly commits, takes part or assists in such violation; and

      (3)   Any person who maintains any land, building or premises in which such violation shall exist.

   (C)   Other legal remedies. In addition to the criminal penalties and enforcement procedures provided above, the Town Council may authorize the institution of any lawful civil action or proceeding in the town’s name and behalf, to prevent, restrain or abate any of the following actions:

      (1)   The unlawful construction, erection, reconstruction, alteration, rehabilitation, expansion, continuation or use of any building or structure;

      (2)   The unlawful occupancy of such building, structure, land or water; and

      (3)   Each and every illegal act, unlawful conduct and prohibited business or use, in, of, upon and about such premises.

(Ord. 1-90, passed 1-31-1991)

   The Town Council shall have the authority to issue cease and desist orders in the form of written official notices given to the owner of the subject building, property or premises, or to his or her agent, lessee, tenant, trustee, contractor or to any person or corporation using the land, building or premises where such violation has been committed or shall exist.

(Ord. 1-90, passed 1-31-1991)

   (A)   Control of issuance. No building permit or certificate of occupancy and use shall be issued by the town for any purpose, except in compliance with the provisions of this subchapter and other applicable ordinances and laws.

   (B)   Revocation. The town may revoke a building permit or certificate of occupancy, and use in those cases where determination has been duly made that false statements or misrepresentations existed as to material fact(s) in the application or plans upon which the permit or certificate was based.

   (C)   Suspension. The town may suspend a building permit or certificate of occupancy and use in those cases where determination has been duly made that an error or omission on either the part of the permit applicant or government agency existed in the processing or issuance or issuance of the permit or certificate approval. A valid permit or certificate shall be issued in place of the incorrect permit or certificate only after the correction of the error or omission.

   (D)   Notice of administrative decisions. All decisions by town employees concerning the issuance, revocation or suspension of a building permit, or concerning the proper interpretations to be given to the Land Development Code, shall be stated in an official written notice to the permit applicant or holder.

(Ord. 1-90, passed 1-31-1991)

   (A)   Appeals of decisions by aggrieved persons. Any person aggrieved by a decision of the Building Official or Zoning Official regarding the interpretation or application of this subchapter may have such decisions reviewed on a summary basis by the Board of Adjustment of the town, pursuant to the procedure for same so made and provided. Such appeal shall be scheduled for hearing at the next regular Town Council meeting, provided that notice of the proposed appeal is given to the Town Clerk at least ten days prior to such meeting.

   (B)   Exhaustion of remedies and court review. Persons aggrieved by any order, requirement, decision or determination of any administrative official of the town, shall not apply to the court for relief unless they have first exhausted the remedies provided for herein, and taken all available steps provided in this subchapter. It is the intention of the town that all steps as provided by this subchapter shall be taken before any application is made to a court for relief; and no application shall be made to a court for relief except from resolution, ordinance or order adopted by the governing body, pursuant to this subchapter. Such decision may be reviewed by the filing of a petition for writ of certiorari, in accordance with the procedure and within the time provided by court rule for the review of the rulings of any commission or board; and such time shall commence to run from the date of decision sought to be reviewed.

(Ord. 1-90, passed 1-31-1991)