Whenever in the opinion of the Code Enforcement Officer, after proper examination and inspection, there appears to exist a condition that is a violation of any provision of this chapter, or of any rule or regulation adopted pursuant thereto, the Code Enforcement Officer shall serve a written or verbal notice of violation upon the owner of the property in violation. After notification the condition shall be considered a violation and shall be subject to appropriate penalties and other remedies as provided for herein and under the laws of the State of Delaware.

Such notice of violation shall:

In the event the violation is not remedied within the time allowed, then the person notified of such violation shall be subject to conviction for a violation as defined by the laws of the State of Delaware punishable by a fine of not less than $100 nor more than $350 or by sentence of imprisonment for a period of not more than 15 days, or both, for a conviction of a first offense. Each week that the violation continues shall constitute a separate offense. For a conviction of a second offense, when both first and second offenses were committed within a period of five years, the person notified of such violation shall be punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed 15 days, or both; and upon a third or subsequent offense, when all three offenses were committed within a period of five years, the person notified of such violation shall be punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed 15 days, or both.

In addition to the owner, the general agent, lessee or tenant of the building, other structure or tract of land or any part thereof or an architect, builder, contractor, or anyone who commits or assists in any violation of any of the provisions of this chapter shall be subject to the procedure and penalties imposed by this article.

A violation of any of the provisions of this chapter by any owner of land, builder or contractor shall constitute an offense that may alternatively be punishable by the imposition of a civil penalty, in the above amounts, that may be assessed and recoverable against the violator in a small claims proceeding instituted by the Town, pursuant to the laws of the State of Delaware. Each week that the violation continues shall constitute a separate offense.

In addition to the foregoing remedies, in the case of any violation or threatened violation of any of the provisions of this chapter, or conditions imposed by the Town Council or Planning and Zoning Commission of the Town of Milton, in addition to other remedies herein provided, the Town Council may institute any appropriate action or proceeding in a court of competent jurisdiction to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, to restrain, correct, or abate such violation, to prevent the occupancy of such building structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.