This chapter establishes procedures to ensure compliance with the provisions of this Ordinance and obtain corrections for violations. It also sets forth the remedies and penalties that apply to violations of this Ordinance. The provisions of this chapter are intended to encourage the voluntary correction of violations, where possible.

Doing any of the following constitutes a violation of this Ordinance. The following list is illustrative and is not intended to be all inclusive or to limit the variety or number of acts that constitute a violation of this Ordinance. The fact that any specific act does not appear on this list does not exclude the act from being a violation of this Ordinance.

A.

Develop or attempt to develop land or a structure in any way not consistent with the requirements of the LMO.

B.

Erect or attempt to erect a building or other structure in any way not consistent with the requirements of the LMO.

C.

Develop land or a structure without first obtaining the appropriate permits or development approvals.

D.

Occupy or use land or a structure without first obtaining the appropriate permits or development approvals.

E.

Develop land or a structure without complying with the terms or conditions of the permits or development approvals required to engage in development.

F.

Occupy or use land or a structure in violation of the terms or conditions of the permits or development approvals.

G.

Subdivide land without first obtaining the appropriate permits or development approvals required to engage in subdivision.

H.

Subdivide land without complying with the terms or conditions of the permits or development approvals required to engage in development.

I.

Transfer title to any newly created lots or parts of a development unless the development plan or subdivision has received all development approvals or permits required under this Ordinance and an approved plan or plat, if required, has been filed in the appropriate County office.

J.

Submit for recording with a County office any subdivision plat or other development plan that has not been approved in accordance with the requirements of this Ordinance.

K.

Excavate, grade, cut, clear, or undertake any land disturbing activity without first obtaining the appropriate permits or development approvals, and complying with their terms and conditions.

L.

Remove existing trees or other landscaping from a site or parcel of land without first obtaining the appropriate permits and development approvals, and complying with their terms and conditions.

M.

Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or development approvals.

N.

Fail to remove any sign installed, created, erected, or maintained in violation of this Ordinance, or for which the permits have lapsed.

O.

Create, expand, replace, or change any nonconformity except in compliance with this Ordinance.

P.

Reduce or diminish the requirements for development, design, or dimensional standards below the minimum required by this Ordinance.

Q.

Increase the intensity or density of development, except in accordance with the standards of this Ordinance.

R.

Obscure or obstruct a notice required to be posted or otherwise given in accordance with this Ordinance.

S.

Violate any lawful order issued by any person or board in accordance with this Ordinance.

T.

Through any act or omission, fail to comply with any other provisions, procedures, or standards as required by this Ordinance.

U.

Continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

Any person who violates this Ordinance shall be subject to the remedies and penalties set forth in this chapter.

On behalf of the Town, the Official may take any one or more of the following actions as a remedy for any violation of this Ordinance:

A.

Withhold any pending or subsequent development approvals or permits required by this Ordinance;

B.

Issue stop work orders against any work undertaken by an entity not having a proper development approval or permit required by this Ordinance;

C.

Issue stop work orders against any actions in violation of this Ordinance;

D.

Revoke a permit development approval if:

1.

There is a failure to comply with the approved permit, development approval, plans, specifications, or terms or conditions required under the permit or development approval;

2.

The permit or development approval was procured by false representation; or

3.

The permit or development approval was issued in error;

E.

Bring an action for an injunction (or, in appropriate cases, for mandamus) to prevent the violation or to prevent the occupancy or use of any site or structure involved in the violation;

F.

Bring an action for injunction or mandamus to abate a violation;

G.

Prosecute the violation as a misdemeanor; or

H.

Take any other action at law or in equity to prevent or remedy any violation, or otherwise enforce the provisions of this Ordinance.

An adjacent or neighboring landowner who would be specially damaged by any violation of this Ordinance may in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceeding to prevent the unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use, or to correct or abate the violation, or to prevent the occupancy of the building, structure or land. This is in addition to the right of the Town to bring an enforcement action.

A.

Each unauthorized removal or destruction of a tree, or failure to replace a tree, shall constitute a separate offense. Nothing herein shall prevent the Town from taking such other lawful action as is necessary to prevent or remedy any violations.

A.

In addition to other remedies identified in this chapter, the Official shall have the authority to remove and impound:

1.

Any prohibited sign listed in Sec. 16-5-114.I, Prohibited Signs, without notice to the owner; and

2.

Any sign that is installed or used in any way that is not consistent with the requirements of this Ordinance, provided that notice has been given as set forth in Sec. 16-8-105.C, Notice of Violation, and no action to correct the violation has been taken by the owner within the specified timeframe.

B.

The owner of an impounded sign or sign structure may recover the impounded sign or sign structure upon the payment of $50.00 for each sign plus the costs of removal. If the sign or sign structure is not claimed within ten days after the date of impoundment, the Official shall have authority to dispose of the sign or sign structure without compensation to the owner.

Any violation of the previous Title 16 shall continue to be a violation under the terms of this Ordinance. Resolving the violation shall require conformance to the regulations in effect at the time the violation is terminated, not regulations that may have been in effect at the time the violation was initiated. Any violation that was not discovered by the Town under the previous Title 16, shall be resolved under the provisions of this Ordinance. The lack of prior enforcement shall not constitute any degree of recognition, approval, waiver, or enforcement.

The remedies provided for violations of this Ordinance, whether civil or criminal, shall be cumulative and in addition to any other remedy provided by law, and may be exercised in any order.