(a)

The Board of Trustees or its authorized representative is hereby empowered and directed to inspect and examine any development, change of use, modification, use or occupation of any building, structure or land, or the erection, construction, reconstruction, alteration, repair, moving or structural alteration of any building or structure subject to the provisions of this Chapter for the purpose of determining from time to time whether any such use, occupation or activity is in violation of any of the provisions of this Chapter or any permit, approval or variance issued or required pursuant to these or other applicable regulations.

(b)

If a violation shall be found to exist, the Town shall by written order direct that such remedial action be taken forthwith as will result in full compliance with the applicable regulations; provided, however, that the issuance of such order shall in no way or manner be deemed a prerequisite to the institution of such enforcement proceedings as are set forth in this Chapter; and provided further that compliance with such order shall not necessarily be deemed to be a defense to any alleged violation of this Chapter or other applicable regulations in any court action instituted seeking full compliance therewith.

(Prior Zoning Ord. §802; Ord. 2004-7 §2)

Any person engaging in development, change of use, modification or enlargement of use of any land, building or structure that is subject to this Chapter who does not obtain any necessary permits, approvals or variances as prescribed by this Chapter, who does not comply with permit, approval or variance requirements, who acts outside the authority of the permit, approval or variance, or who otherwise violates any of the provisions of this Chapter, shall be subject to the following:

(1)

No building or structure shall be erected, moved or structurally altered unless a building permit therefor has been issued by the Building Official. All permits shall be issued in conformance with the provisions of this Chapter and all other applicable regulations.

(2)

No land or building shall hereafter be changed in use, nor shall any new structure, building or land be occupied or used unless the owner shall have obtained a certificate of occupancy from the Building Official; provided that, if the use shall be in conformance with the provisions of this Chapter and all other applicable regulations, a certificate of occupancy shall be issued within three (3) days of the time of notification that the building is completed and ready for occupancy. A copy of all certificates of occupancy shall be filed by the Building Official and shall be available for examination by any person with either proprietary or tenancy interest in the property or building.

(3)

The Building Official is empowered, pursuant to Section 16-131 above, the International Building Code and other related ordinances, to order in writing the remedy of any violation of any provision of this Chapter. After any such order has been served, no work on or use of any building, other structure or tract of land covered by such order shall proceed except to correct such violation or comply with said order.

(4)

A person shall be guilty of a misdemeanor in any case where all of the following have occurred:

a.

Any violation of any of the provisions of this Chapter exists in any building, other structure or tract of land.

b.

An order to remove any such violation has been served upon the owner, general agent, lessee or tenant of the building, other structure or tract of land (or any part thereof) or upon the architect, builder, contractor or any person who commits or assists in any violation.

c.

Such person shall fail to cease all work on the property except work which is directed toward correcting the violation described in the order.

d.

Such person shall fail to comply with such order within ten (10) days of the service thereof.

(5)

In addition to any of the foregoing remedies, the Town Attorney, acting on behalf of the Board of Trustees, may maintain an action for an injunction to restrain any violation of this Chapter.

(6)

Each day that the violation exists shall be considered a separate offense.

(Prior Zoning Ord. §803; Ord. 1995-7 §3; Ord. 2004-7 §2; Ord. 2007-08 §1)

This Chapter is based upon sound principles of Town planning. Nuisances or damages beyond the scope of or unanticipated by this Chapter may occur on rare occasions. This Chapter shall not create liability on the part of the Town or any of its officers, employees, servants or agents for any such nuisances or damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder. This Chapter shall not be construed to hold the Town responsible for any damage to person or property by reason of the inspection or reinspection authorized herein or failure to inspect or by any reason of issuing a building permit as herein provided.

(Prior Zoning Ord. §804; Ord. 2004-7 §2)