Except as otherwise provided in this Chapter, the Board of Trustees shall be responsible for enforcing the provisions of this Chapter. Any criminal enforcement shall be by the issuance of a complaint and summons to the Municipal Court by a peace officer.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

Upon presentation of proper credentials, the Town Clerk, a law enforcement officer or a code enforcement officer may enter any building, structure, real property or premises to ensure compliance with the provisions of this Chapter. Such inspections shall be carried out during normal business hours unless the Town Clerk or code enforcement officer determines that there is an emergency. If it is necessary to obtain a warrant to inspect a property, the property owner or tenant or both shall be responsible for the cost of obtaining the warrant, including attorney's fees.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

It shall be a violation of this Chapter to undertake any of the following activities:

(1)

Erecting, constructing, reconstructing, remodeling, altering, maintaining, expanding, moving or using any building, structure or sign or engaging in development or subdivision of any land in contravention of any zoning, subdivision, sign or other regulation of this Chapter, including all required approvals.

(2)

Excavating, grading, cutting, clearing or undertaking any other land disturbance activity contrary to the provisions of this Chapter or without first obtaining all requisite land use approvals required by this Chapter or other applicable regulations.

(3)

Creating, expanding, replacing or changing a nonconforming use, structure, lot or sign except in compliance with this Chapter.

(4)

Reducing or diminishing the lot area, setbacks or open space below the minimum required by this Chapter.

(5)

Increasing the intensity of use of any land or structure, except in accordance with the procedural and substantive standards of this Chapter.

(6)

Engaging in any development, use, construction, remodeling or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval or other form of authorization required to engage in such activity.

(7)

Failing to comply with any terms, conditions or limitations placed by the Town upon any final development plan, subdivision plat, permit or other form of authorization.

(b)

In addition to criminal prosecution for violations, the Town shall have the following civil remedies and powers to enforce this Chapter:

(1)

Notice of violation and corrective action order:

a.

In the case of violations of this Chapter that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, lessee, agent, occupant or applicant for any relevant permit. Notice shall be given in person, by certified U.S. mail, return receipt requested, or by posting a notice on the premises. The notice shall specify the Chapter provisions allegedly in violation and shall state that the individual has a period of seven days to commence and 30 days from the date of the receipt of the notice in which to complete correction of the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Chapter.

b.

In the case of violations of this Chapter that constitute an emergency as a result of safety or public concern, or violations that will create increased problems or costs if not remedied immediately, the Town may use the enforcement powers available under this Article without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant or applicant for any relevant permit.

c.

The Board of Trustees may grant an extension of the time to cure an alleged violation, up to a total of 90 days, if the Board of Trustees finds that, due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within 30 days.

(2)

Deny or withhold permits:

a.

The Town Clerk or Building Official may deny and withhold all permits, certificates or other forms of authorization to use or develop any land, structure or improvements thereon until the alleged violation related to such property, use or development is corrected. This provision shall apply whether or not the current owner, lessee or applicant for the permit is responsible for the violation.

b.

Where a property owner, agent or other person has a record of an outstanding serious violation of this Chapter, the Town shall be authorized to deny or withhold all permits, certificates of occupancy or other forms of authorization for any use or development activity undertaken by such person until the outstanding violation is corrected. This provision shall apply whether or not the property for which the permit or other approval is sought is the property in violation.

(3)

Revocation of permits.

a.

The Board of Trustees may revoke any development permit, building permit or other authorization, after notice and a public hearing. Such hearing shall be not less than seven days nor more than 15 days from the date the notice of the hearing is given. Notice shall be given in person, by U.S. mail with first-class postage affixed or by posting on the premises.

b.

Following the public hearing, the Board of Trustees may revoke any development permit, building permit or other authorization if:

1.

There is a departure from the approved plans, specifications or conditions of approval;

2.

There is a violation of any provision of this Chapter;

3.

The permit was obtained by false representation; or

4.

The development permit was issued in error.

c.

Written notice of revocation shall be served upon the owner, the owner's agent, applicant or other person to whom the permit was issued by U.S. mail, with first-class postage affixed, in person or posted in a prominent location upon the premises. No work on, construction on or use of the property shall proceed after service of the revocation notice.

(4)

The Town may issue a written order to stop work on any property on which a violation exists. The Board of Trustees may initiate injunction or abatement proceedings or other appropriate legal action in any court of competent jurisdiction to abate, remove or enjoin any violation and to recover damages, costs and attorney's fees and removal or abatement of the violation.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

If any violation is not removed, terminated or abated within ten days after written notice is served upon the owner, lessee or agent in charge by U.S. mail with first-class postage affixed, posting on the premises or personal service, the Town may cause abatement of the violation and assess the whole cost thereof, including 15 percent for inspection and other incidental costs in connection therewith. The costs and any charges assessed by the Town pursuant to this Chapter associated with the abatement shall be paid by the owner of the property, or agent for such owner, within 30 days after mailing of the bill or assessment of such costs by the Town to the owner or agent. The Town shall have the right to proceed for the collection of any unpaid charges for abatement in the manner provided by law for the collection of debts and claims on behalf of the Town, including, without limitation, collection and lien procedures as provided in this Chapter and as provided by law.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

(a)

Any aggrieved property owner, lessee or agent in charge may appeal a decision of the Town, delivered to the Town Clerk setting forth such information as the applicant believes appropriate. Any such appeal may be heard by the Board of Trustees within 30 days after such appeal is filed with the Town Clerk. Notice of such hearing and proceeding shall be given to the applicant at least ten days prior to the hearing date. The applicant, property owner, lessee or agent in charge shall have the burden of proof that revision or modification of any decision is necessary to preserve substantial justice.

(b)

Within ten days after the hearing, the Board of Trustees shall make findings of fact based upon information presented, shall make a decision based upon such findings and may revise or modify such assessment, confirm the assessment or reject the assessment to promote substantial justice. The decision of the Board of Trustees shall be in writing, shall be final and shall be served upon the applicant within ten days after the date of such decision, personally or by U.S. mail with first-class postage affixed.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)

In addition to any other means provided by law for collection if any assessment is not paid within 30 days after notice is made and provided to the owner, the Town may record a lien for the amount of such judgment in the records of the County Clerk and Recorder and further may certify such amount with the County Treasurer for collection as taxes pursuant to state law.

(Ord. No. 07-2009, Art. XIV, 11-17-2009; Ord. No. 03-2016, § 1, 3-29-2016)