All terms used herein are defined alphabetically.

Buffer strip. A strip of land of definite width and location reserved for planting of shrubs and trees to serve as an obscuring screen.

Building. Any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of persons, animals, chattels or property of any kind.

(1)

Building accessory. A "building" subordinate to the main or "principal building" on the "lot" and used for purposes customarily incidental to those of the main building. See "accessory dwelling unit."

(2)

Building, height of. Excluding oceanfront residences, the vertical distance to the intersection of the highest inside finished face of the exterior vertical wall and the highest ceiling, measured from the average natural grade or the minimum flood elevation, whichever is higher. The maximum height of the roof shall not exceed ten feet above the intersection point cited in this definition.

(3)

Building line. A line parallel to the "front lot line" at the minimum required front "setback" line.

(4)

Building, principal. "Building" in which is conducted the primary use of the "lot" on which it is situated.

Certificate of occupancy. A document issued by the Town allowing the occupancy or use of a building and certifying that the structure or use has been constructed or may be used in compliance with all the applicable municipal codes and ordinances.

Development. The construction, installation, demolition or removal of a structure, impervious surface or drainage facility; clearing, scraping, grubbing, killing or otherwise removing vegetation; adding, removing, exposing, excavating, leveling, grading, digging, furrowing, dumping, piling, filling, dredging or otherwise significantly disturbing or altering soil, mud, sand or rock; or the modification or redevelopment of a site. Development may include, but is not limited to, carrying out of any building or mining activity, the making of any material change in the use or appearance of any structure or land or the dividing of land into two or more parcels. Development does not include work by electric utility providers on utility infrastructure on certain rights-of-way or corridors and the creation or termination of distribution and transmission corridors. The following activities shall be constructed to involve development:

(1)

Reconstruction, alteration of the size or material change in the external appearance of a structure;

(2)

Change in land use intensity, such as an increase in the number of units in a structure or on the land;

(3)

Alteration of a shore or bank of a seacoast, river, stream, lake, pond or canal;

(4)

Alteration of the land or vegetation in a floodplain or flood prone area;

(5)

Dredging, drilling, except to obtain soil samples, mining or excavation on land;

(6)

Demolition of a structure;

(7)

Clearing of land; and

(8)

Deposit of refuse, solid or liquid waste or fill on land.

The term "development" includes all other development customarily associated with it, unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to particular activities is not intended to limit the generality of the term "development."

District. A portion of the incorporated area of the Town within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.

Driveway. Automobile entryway and exit that leads to or leaves a property along a road.

Dwelling.

(1)

Accessory dwelling unit (ADU). A smaller, stand-alone dwelling unit that shares land with a detached, stand-alone single-family home. ADUs are known by a variety of names around the United States, including granny flats, secondary suites, and accessory apartments. ADUs can be new stand-alone accessory structures or renovated portions of existing stand-alone accessory structures (i.e., detached ADUs). They can also be converted portions of existing stand-alone accessory structures (i.e., internal ADUs), additions to new or existing residences (i.e., attached ADUs), or new stand-alone accessory structures.

(2)

Complex, attached dwelling unit. A building comprised of two or more "attached dwelling units."

(3)

Dwelling, multiple-family. A "building" or portion thereof designed exclusively for occupancy by two or more families living independently of each other and not more than three stories in height. "Multiple-family dwelling" does not include mobile homes, trailers, modular homes or similar structures.

(4)

Dwelling, one-family. A "building" designed exclusively for and occupied exclusively by one family. "One-family dwelling" does not include mobile homes, trailers and similar structures but does include group homes and family day care homes as defined herein.

(5)

Dwelling unit. A "building" or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities. "Dwelling unit" does not include mobile homes or trailers but does include manufactured housing that in appearance resembles housing constructed on-site.

(6)

Dwelling unit, attached. A one-family dwelling attached to one or more one-family dwellings by a common wall.

(7)

Dwelling unit, detached. A dwelling which is not attached to any other dwelling by any means. The "detached dwelling" does not have any roof, wall or floor in common with any other dwelling unit.

Egress. The action of going out or leaving a place.

Encroachment. Any protrusion of a vehicle outside of a parking space, display area, or accessway into a landscaped area.

Family. One or more persons related by blood, adoption or marriage living and cooking together as a single housekeeping unit, exclusive of household servants; and not more than two persons living and cooking together as a single housekeeping unit not related by blood, adoption or marriage.

Family day care home. A duly state-licensed day care center for five or less children during school hours and ten or less children during non-school hours.

Fence. A barrier, whether with rails, logs, posts, and railing, iron, steel, or other material forming an upright structure enclosing an area of ground to mark a boundary, manage access, or prevent escape.

Floor area. The sum of the horizontal livable areas of each "story" of the "dwelling unit" measured from the exterior faces of the exterior walls. The "floor area" measurement is exclusive of areas of "basements," unfinished "attics," attached garages, breezeways, common halls and stairways in multiple-family structures, and enclosed and unenclosed porches.

Garage, private. A "structure" for the storage principally of private passenger motor vehicles, or for the private use solely of the owner or occupant of the "principal structure" on a "lot" or of his or her "family" or domestic employees and shall be not more than one "story." No service for profit may be conducted within the "structure."

Group home. A dwelling unit that has been granted a license by the State of Florida to service up to six resident clients that are all unrelated but who act as the functional equivalent of a family. Supervisory and support staff may be present to meet the resident clients' physical, emotional, and social needs, however, the staff are not included in headcount of the dwelling unit.

Ingress. The action of fact of going in or entering.

Landscaping. Material such as, but not limited to, grass, ground covers, shrubs, vines, hedges, trees or palms; and non-living durable material commonly used in landscaping such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding paving.

Lot. A parcel of land on which a "principal building" and its accessories may be placed together with the required open space.

(1)

Lot, corner. A "lot" of which at least two adjacent sides abut a street, provided that the two sides intersect at an angle of not more than 135 degrees. A "lot" abutting upon a curved street or streets shall be considered a "corner lot" if the tangents to the curve at its points of beginning within the "lot" or at the points of intersection are not more than 135 degrees. In the case of a "corner lot" with a curved street line, the corner shall be considered to be that point of the street and lot lines nearest to the point of intersection of the tangents herein described.

(2)

Lot, interior. A lot other than a "corner lot."

(3)

Lot line, front. In the case of a "lot" abutting upon one street, the "front lot line" is the line separating the "lot" from the "street." In the case of any other "lot," one line shall be elected to be the "front lot line" for the purposes of this chapter provided that it is so designated by the building plans filed for approval with the Town Building Official.

(4)

Lot line, rear. That boundary which is opposite and most distant from the "front lot line." In the case of a lot pointed towards the rear, the "rear lot line" shall be that assumed line parallel to the "front lot line." not less than 30 feet long, lying farthest from the "front lot line" and whole within the "lot."

(5)

Lot line, side. Any lot boundary lines not a "front lot line" or a "rear lot line." A "side lot line" separating a "lot" from a "street" is a "side street lot line." A "side lot line" separating a lot from another "lot" or "lots" is an "interior lot line."

(6)

Lot of record. A parcel of land delineated on a plat recorded with the County Registrar of Deeds.

(7)

Lot, through. A "lot" having "front and rear lot lines" abutting a "street."

Motorized vehicle. Includes, but is not limited to, any self-propelled, wheeled, tracked or belted conveyance.

Natural grade. A level that is untouched by building methods like filling, landscaping, or berming.

Nonconforming building. A "building" or portion thereof existing at the effective date of this Code, or amendments thereto, that does not conform to the provision of this Code or the use regulations of the district in which it is located.

Nonconforming use. A use which lawfully occupied a "building" or land at the effective date of this Code, or amendments thereto, that does not conform to the provisions of this Code, not to the use regulations of the district in which it is located.

Parking. The act of bringing a motor vehicle to a stop and leaving it for a short period of time, usually at a parking lot or by the side of the road.

Parking strip. A strip of land that is either in the middle of the street, between a building's line and the sidewalk, between the sidewalk and the curb, or between the curb and the sidewalk line, and is designed to be utilized as a park-like space. It is not built upon but rather is landscaped with turf, trees, flowerbeds, and other beautification features.

Retail. A business location where tangible items or services are sold directly to the ultimate consumer. Similar to mercantile.

Right-of-way. Land reserved or to be used for a street, alley, walkway, drainage facility or other public purpose.

Screen. A barrier and visual obstruction created by a living or nonliving landscape material.

Street. A public right-of-way or thoroughfare 50 feet or more in width which normally affords the principal means of access to abutting property. This definition includes avenue, boulevard, parkway, court, highway, lane and roadway.

(1)

Arterial street. A heavy traffic street of considerable continuity and used primarily as a traffic artery for interconnectivity among large areas. Width shall conform to the official map.

(2)

Half or partial street. A street, generally parallel and adjacent to the boundary line of a tract, having a lesser right-of-way width than required for a full width street of the type involved.

(3)

Marginal access street. A minor street which is parallel and adjacent to arterial streets and which provides access to abutting properties and protection from through traffic.

(4)

Collector street. A heavy traffic road collecting residential or local street traffic and connecting arterial streets.

(5)

Private street. A privately owned access to abutting property platted, but not dedicated to the general public, with a minimum right-of-way width of 50 feet built to specifications not accepted by, improved or maintained by the Town until the time as the Town may elect to accept the road as a public street.

Structure. Anything constructed or erected, the use of which requires location on the ground or attachments to something having location on the ground.

Surface water. Water on the earth's surface, whether it is distributed or contained either artificially or naturally.

Tree. A woody plant having a well-defined stem, a more or less well-defined crown and which has attained a height of at least eight feet with a trunk diameter of not less than three inches, or a cluster of main stems having an aggregate diameter of not less than three inches, at a point four and one-half feet above ground.

(Ord. No. 571, § 1, 5-13-2024)

Off-street vehicular parking in conjunction with the requirements for all land or building uses shall be provided in accordance with the provisions of this chapter prior to the issuance of a certificate of occupancy.

(A)

Usage of spaces. The required off-street parking area shall be for occupants, employees, visitors and patrons and shall be limited in use to passenger vehicles not exceeding a net weight of three tons and shall be for periods of less than 48 hours. The storage of merchandise, motor vehicles for sale or the repair of vehicles is prohibited in the parking area.

(B)

Building addition. Whenever a non-residential building or use requiring off-street parking is increased in floor area or any other determining unit of measure, the minimum number of parking spaces required shall be based upon the entire building or use, including the addition.

(C)

Non-residential parking location. Required off-street parking for other than a residential use shall be either on the same lot or within 100 feet of the building or use it is intended to serve, measured without crossing a major thoroughfare, from the nearest point of the building or use to the nearest point of the required off-street parking facility. The principal use shall be permitted to continue only so long as the off-street requirements of this chapter remain in compliance.

(D)

Residential parking location. Residential off-street parking spaces shall consist of a parking strip, driveway, garage or combination thereof, and shall be located on the premises they are intended to serve.

(E)

Change of parking location. Any area once designated as required off-street parking shall never be changed to any other use unless equal facilities are provided elsewhere.

(F)

Common parking area. Two or more buildings or uses may collectively provide the required off-street parking, in which case the required number of parking spaces shall not be less than the sum of the requirements for each individual use, computed separately. For building or land containing more than one use, the total parking requirement shall be determined to be the sum of the requirements for each use.

(G)

Shared parking. In cases of dual functioning of off-street parking where operating hours do not overlap, the Town Council may grant a modification of these requirements at site plan approval.

(H)

Lighting. Where lighting facilities are provided, they shall be so arranged as to reflect the light away from the adjacent residential districts.

(I)

Handicapped parking. All parking lots shall meet the requirements of state statute and regulations relative to parking for the handicapped.

(J)

Landscaping requirements. See section 163.06.

(Ord. No. 522, § 1, 6-16-16; Ord. No. 571, § 1, 5-13-2024)

In addition to adequate employee parking, the minimum number of off-street parking spaces shall be determined in accordance with Table 162.02 below:

Table 162.02
Off-Street Parking Requirements

(Ord. No. 522, § 1, 6-16-16; Ord. No. 565, § 1(Att. A), 9-26-2023)

(A)

Parking in residential areas. It shall be unlawful for any person to park any vehicle displaying advertising signs or any truck (including pickup truck), trailer, commercial vehicle or recreational vehicle in or upon any property, public or private, in any area of the Town in a residential district. This prohibition, however, shall not apply in the following cases:

(1)

Vehicles which are entirely enclosed within the confines of an enclosed garage; provided however that not more than one commercial vehicle shall be stored in a garage.

(2)

Vehicles used by licensed contractors or service establishments while actually doing work in such residential areas between the hours of 7:00 a.m. to 7:00 p.m., excluding Sundays and holidays, provided however that such vehicles shall contain written identification on both sides of the vehicle clearly indicating the name of the contractor or service establishment.

(3)

Loading or unloading of trucks (including pickup trucks), trailers or commercial vehicles, provided that such loading or unloading takes no more than two hours and is not done between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day.

(4)

The loading or unloading of recreational vehicles provided that such loading or unloading takes no more than two hours and is not done between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day.

(5)

Mobile cranes and other heavy equipment used during building construction.

(B)

Unlicensed motor vehicles. No unlicensed motor vehicle shall be kept on any property for a period of more than 15 days unless entirely within a building.

(C)

Trucks, trailers, commercial vehicles and recreational vehicles parking upon streets and public places. Unless otherwise specifically provided for in the Town's Code of Ordinances, no trucks, trailers, commercial vehicles or recreational vehicles shall be parked upon the streets or other public places of the Town between the hours of 7:00 p.m. on one day and 7:00 a.m. of the next day. This prohibition is in addition to the total prohibition covering residential areas as provided in subsection (A) above.

(D)

Trucks, boats, boat trailers, campers and domestic trailers. No trucks, boats, trailers, campers or similar items shall be permitted to be parked, placed, kept or stored in residential areas unless completely garaged in a fully enclosed garage, provided however that this provision shall not apply to boats in the water or being launched or removed from the water.

(E)

Enforcement. Violation of the provisions of this section shall be subject to enforcement and penalties as prescribed in this chapter, or by such other means as deemed appropriate by the Town.

(F)

Civil infraction.

(1)

As used in this chapter, the "Code Enforcement Officer" means any Public Safety Officer or an employee designated as agent of the Town to enforce codes and ordinances of the Town.

(2)

For the purpose of this chapter, violators shall be deemed to be those persons or entities legally responsible for violations of this Code.

(3)

A Code Enforcement Officer who finds a violation of any section of this Code as amended, and/or other ordinances adopted by this Code as amended from time to time shall prescribe a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an irredeemable violation.

(4)

A Code Enforcement Officer who finds such a violation shall issue a civil violation notice to the violator. Service shall be effected by delivering the civil violation notice to the violator, or his agents, or by leaving the civil violation notice at the violator's usual place of abode with any person residing therein who is 15 years of age or older, and informing that person of its contents, or the civil violation notice may be sent by certified mail, return receipt requested. If service cannot be effected by any other means, posting of the civil violation notice in a conspicuous place on the premises or property upon which the violation has been observed may be performed. Such posting shall be deemed proper service, and the time for compliance stated in the notice shall commence with the date such notice is posted.

(G)

Civil penalties.

(1)

The penalty for a violation may be up to $250 for each violation and for each day of continuing or repeated violation.

(2)

Continuing violations are those violations that remain uncorrected beyond the prescribed time period for correction contained in the civil violation notice. For each day of continued violation after the time period for correction has run, an additional penalty in the same amount as for the original violation shall be added.

(H)

Right of violators, payment and right of appeal.

(1)

A violator who has been served with a civil infraction notice shall elect either to:

(a)

Pay the civil penalty in the manner indicated on the infraction notice and correct the violation within the time specified on the notice; or

(b)

Request an administrative hearing before the Code Enforcement Board to appeal the determination of the inspector that resulted in the issuance of the civil infraction notice.

(2)

An appeal for administrative hearing shall be accomplished by filing a request in writing to set the hearing for review and mailed to the Code Enforcement Clerk or his/her designee or to the address indicated on the notice, not later than 20 days after the service of the notice.

(I)

Recovery of unpaid civil penalties, unpaid penalty to constitute a lien and foreclosure.

(1)

The Town may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.

(2)

A certified copy of an order imposing a civil penalty may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists or existed; if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment, except for enforcement purposes. After three months from the filing of any such lien that remains unpaid, the Town may foreclose or otherwise execute on the lien.

(3)

Nothing contained in this chapter shall prohibit the Town from enforcing its Town ordinance or Town code by any other means. The enforcement procedures outlined herein are cumulative to all others, and shall not be deemed to be prerequisites to filing suit for enforcement of any section of this Code.

(Ord. No. 565, § 1(Att. A), 9-26-2023)

Editor's note— Ord. No. 565, § 1(Att. A), adopted September 26, 2023, set out provisions intended for use as § 162-02. To avoid the duplication of section numbers and at the discretion of the editor, these provisions have been included as § 162.021.

Whenever the off-street parking requirements demand the building of an off-street parking facility, or where vehicular parking districts are provided and used for parking purposes, the off-street parking lots shall be designed, constructed and maintained in accordance with the following standards and regulations:

(A)

Access. Adequate ingress and egress, not less than ten feet for one way and 20 feet for two-way traffic, to the parking lot by means of clearly limited and defined drives shall be provided for vehicles. All drives and aisles shall be surfaced in a manner equivalent to that which is hereinafter provided for in the parking area. All roads and streets providing ingress and egress, including main entrances and exits to the total land area developed, with the exception of residential areas, shall conform to the provisions of chapter 53 of the Town Code of Ordinances as to minimize size thereof.

(B)

Side wall. A parking lot shall be separated from a residentially zoned side lot line by an unpierced three foot wall or fence.

(C)

Front wall. A parking lot shall be separated from the street lot line where the parking lot lies across the street and opposite a residentially zoned district wherein the residential lots front on the street, by a three foot unpierced wall or fence not less than 20 feet from the street lot line.

(D)

Wheel stops. Wherever an unpierced wall or fence is required permitted, bumper stops or wheel stops shall be provided to prevent any vehicle from damaging or encroaching upon the wall, fence or buffer strip.

(E)

Drainage. The parking lot shall be drained to eliminate the ponding of surface water, and shall be retained on site.

(F)

Surface. The surface of the parking lot, excepting the buffer strips, shall be constructed of a dustless and durable Portland cement concrete or asphaltic concrete complying with the state highway specifications and maintained in a useable condition, or with a pervious, permeable or porous pavement.

(G)

Landscaping. See section 163.06 and section 163.09.

(H)

Planted buffer strip. See section 163.06 (A)(1) and section 163.09 (A)(9) that allows an alternative planted buffer strip in place of a wall or fence.

(Ord. No. 522, § 1, 6-16-16)

Plans for the design of a parking lot must designate that the parking requirements can be met showing a total dimension across two tiers of spaces and one aisle (maneuvering lane) of at least the following for the various patterns:

(A)

A 90-degree pattern. Sixty feet for two tiers of spaces and one aisle (maneuvering lane) with the minimum aisle being 20 feet in width. This minimum aisle width shall permit two-way traffic movement.

(B)

A 60-degree pattern. Fifty-nine feet for two tiers of spaces and one aisle (maneuvering lane) with the minimum aisle being 15 feet in width. This minimum aisle width shall permit one-way traffic movement. Two-way traffic shall require an aisle of not less than 20 feet.

(C)

A 45-degree pattern. Fifty-three feet for two tiers of spaces and one aisle (maneuvering lane) with the minimum aisle being 12 feet in width. This minimum width shall permit one-way traffic movement. Two-way traffic shall require an aisle of not less than 20 feet.

(Ord. No. 522, § 1, 6-16-16)

(A)

Required. Each individual living unit, including single-family units and units located in apartment complexes, condominium complexes or multiple-family complexes of any nature or description, shall be required to have a completely enclosed garage which shall conform to the general aesthetic design of the units or complexes.

(B)

Design standards for single-family unit garages. There is hereby established a minimum size for single-car garages for single-family dwellings of 12 feet wide by 22 feet long; the maximum width for such a garage shall be 16 feet. There is hereby established a minimum size for two-car garages for single-family dwellings of 24 feet wide by 22 feet long. Both of these stated dimensions shall be inside dimensions. No parking garage bays shall face a street.

(Ord. No. 522, § 1, 6-16-16)

(A)

In general. On the same premises with every commercial structure, there shall be provided and maintained on the lot adequate space for standing, loading and unloading services adjacent to the opening used for loading and unloading in order to avoid undue interference with public use of the streets. All loading and unloading areas, including all access drives, shall be paved and shall be in addition to the required off-street parking area requirements.

(B)

Number of loading and unloading spaces. The loading and unloading space, unless otherwise adequately provided for, shall be an area ten feet by 40 feet with a 14-foot height clearance, and shall be provided according to Table 162.06 (B) below:

Table 162.06(B)
Off-Street Loading and Unloading

(C)

Location of loading and unloading spaces. No loading space may be on any street frontage, and provisions for handling all freight shall be on those sides of any building which do not face on any street or proposed street, except where the areas are obscured from the street with a solid masonry wall not less than six feet in height.

(Ord. No. 522, § 1, 6-16-16)

(A)

Parking in residential areas. It shall be unlawful for any person to park any vehicle displaying advertising signs or any truck (including pickup truck), trailer, commercial vehicle or recreational vehicle in or upon any property, public or private, in any area of the Town in a residential district. This prohibition, however, shall not apply in the following cases:

(1)

Vehicles which are entirely enclosed within the confines of an enclosed garage; provided however that not more than one commercial vehicle shall be stored in a garage.

(2)

Trucks (including pickup trucks) that are entirely located upon the driveway between the hours of 7:00 a.m. to 7:00 p.m., excluding Sundays and holidays.

(3)

Vehicles used by licensed contractors, property managers, or service establishments while actually doing work in such residential areas between the hours of 7:00 a.m. to 7:00 p.m., excluding Sundays and holidays, provided however that such vehicles shall contain written identification on both sides of the vehicle clearly indicating the name of the contractor, property manager, or service establishment.

(4)

Loading or unloading of trucks (including pickup trucks), trailers or commercial vehicles, provided that such loading or unloading takes no more than two hours and is not done between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day.

(5)

The loading or unloading of recreational vehicles provided that such loading or unloading takes no more than two hours and is not done between the hours of 7:00 p.m. of one day and 7:00 a.m. of the next day.

(6)

Mobile cranes and other heavy equipment used during building construction.

(Ord. No. 571, § 1, 5-13-2024)

(A)

Unlicensed motor vehicles. No unlicensed motor vehicle shall be kept on any property for a period of more than 15 days unless entirely within a building.

(B)

Trucks, trailers, commercial vehicles and recreational vehicles parking upon streets and public places. Unless otherwise specifically provided for in the Town's Code of Ordinances, no trucks, trailers, commercial vehicles or recreational vehicles shall be parked upon the streets or other public places of the Town between the hours of 7:00 p.m. on one day and 7:00 a.m. of the next day. This prohibition is in addition to the total prohibition covering residential areas as provided in subsection (A) above.

(C)

Boats, boat trailers, campers and domestic trailers. No boats, trailers, campers or similar items shall be permitted to be parked, placed, kept or stored in residential areas unless completely garaged in a fully enclosed garage, provided however that this provision shall not apply to boats in the water or being launched or removed from the water.

(Ord. No. 571, § 1, 5-13-2024)

Violation of the provisions of this section shall be subject to enforcement and penalties as prescribed in this chapter, or by such other means as deemed appropriate by the Town.

(A)

Civil infraction.

(1)

As used in this chapter, the "Code Enforcement Officer" means any Public Safety Officer or an employee designated as agent of the Town to enforce codes and ordinances of the Town.

(2)

For the purpose of this chapter, violators shall be deemed to be those persons or entities legally responsible for violations of this Code.

(3)

A Code Enforcement Officer who finds a violation of any section of this Code as amended, and/or other ordinances adopted by this Code as amended from time to time shall prescribe a reasonable time period within which the violator must correct the violation. This determination shall be based on considerations of ability to correct; severity of violation; nature, extent and probability of danger or damage to the public; and other relevant factors relating to the reasonableness of the time period prescribed. A time for correction need not be specified if the violation is deemed to be an irredeemable violation.

(4)

A Code Enforcement Officer who finds such a violation shall issue a civil violation notice to the violator. Service shall be effected by delivering the civil violation notice to the violator, or his agents, or by leaving the civil violation notice at the violator's usual place of abode with any person residing therein who is 15 years of age or older, and informing that person of its contents, or the civil violation notice may be sent by certified mail, return receipt requested. If service cannot be effected by any other means, posting of the civil violation notice in a conspicuous place on the premises or property upon which the violation has been observed may be performed. Such posting shall be deemed proper service, and the time for compliance stated in the notice shall commence with the date such notice is posted.

(B)

Civil penalties.

(1)

The penalty for a violation may be up to $250 for each violation and for each day of continuing or repeated violation.

(2)

Continuing violations are those violations that remain uncorrected beyond the prescribed time period for correction contained in the civil violation notice. For each day of continued violation after the time period for correction has run, an additional penalty in the same amount as for the original violation shall be added.

(C)

Right of violators, payment and right of appeal.

(1)

A violator who has been served with a civil infraction notice shall elect either to:

(a)

Pay the civil penalty in the manner indicated on the infraction notice and correct the violation within the time specified on the notice; or

(b)

Request an administrative hearing before the Special Magistrate to appeal the determination of the inspector that resulted in the issuance of the civil infraction notice.

(2)

An appeal for administrative hearing shall be accomplished by filing a request in writing to set the hearing for review and mailed to the Code Enforcement Clerk or his/her designee or to the address indicated on the notice, not later than 20 days after the service of the notice.

(D)

Recovery of unpaid civil penalties, unpaid penalty to constitute a lien and foreclosure.

(1)

The Town may institute proceedings in a court of competent jurisdiction to compel payment of civil penalties.

(2)

A certified copy of an order imposing a civil penalty may be recorded in the public records of the county and thereafter shall constitute a lien against the land on which the violation exists or existed; if the violator does not own the land, upon any other real or personal property owned by the violator; and it may be enforced in the same manner as a court judgment by the sheriffs of this state, including levy against the personal property, but shall not be deemed to be a court judgment, except for enforcement purposes. After three months from the filing of any such lien that remains unpaid, the Town may foreclose or otherwise execute on the lien.

(3)

Nothing contained in this chapter shall prohibit the Town from enforcing its Town ordinance or Town code by any other means. The enforcement procedures outlined herein are cumulative to all others, and shall not be deemed to be prerequisites to filing suit for enforcement of any section of this Code.

(Ord. No. 571, § 1, 5-13-2024)