Zoneomics Logo
search icon

Fenwick Island City Zoning Code

§ 160-15

Enforcement; violations and penalties.

[Amended 2-22-2013; 12-7-2018; 2-28-2025]
A. 
The Town Manager and/or Building Official, or their designee, are persons authorized to enforce the provisions of this chapter.
B. 
Whenever a person shall have been notified in writing, certified mail, return receipt requested, by the Town Manager, Building Official or their designee, or by service of a summons of a violation of this chapter, each day of continued violation shall be considered as a separate offense. The owner or tenant of any building, structure, premises or any part thereof, and any architect, builder, contractor, employee or agent for one of the aforenamed persons, or any other person who commits, furthers, participates in, assists in, or maintains any such violation may be separately convicted and be subject to the same penalties provided herein. Nothing in this section shall be construed to prevent or otherwise prohibit the prosecution of the same violation occurring on a date subsequent to the conviction. The commission, allowance or participation in any activity defined as a violation of this chapter shall be deemed and is hereby declared to be a common and public nuisance. The Town Manager, Building Official or their designee may, on behalf of the Town Council, institute appropriate proceedings to restrain or enjoin further construction in violation of the chapter and/or proceedings to abate any violation, and to require the removal of the violation. In this event, the Town Council shall be entitled to collect from the offending party or parties the Town's reasonable attorneys' fees, legal costs, administrative expenses and court costs, as a part of any judgment or award in a civil action brought to restrain or enjoin a violation. Such civil remedies are in addition to and not in lieu of other penalties provided herein.
C. 
Any violation or failure to comply with any requirement of this chapter shall constitute a civil offense pursuant to Chapter 75 of the Code of the Town of Fenwick Island. Any person who violates or fails to comply with this chapter shall pay a civil fine in the amount of $250 for the first violation and $500 for each subsequent violation. Each day that a violation is not cured shall automatically constitute a distinct and subsequent violation, regardless of whether the Town issues a subsequent citation for such a subsequent violation.