No permit, license, or certificate for uses, buildings, structures, or signs may be issued in conflict with the provisions of this title. Any permit, license, or certificate that is issued in conflict with the provisions of this title is null and void ab initio.

The Director of Community Development (or any designee) and the code enforcement officer are authorized to enforce the provisions of this title, but any failure to do so does not legalize any violations of such provisions. The Town Council may, by resolution, entrust administration of this title, in whole or in part, to an additional officer or officers of the Town, without amendment to this title.

Those who are authorized to enforce the provisions of this title may inspect all buildings, signs, and structures in the course of their construction, modification, or repair, and to inspect land uses to assess compliance with zoning ordinance provisions. These officials have the right to enter any building for the purpose of determining the use, or to enter premises for the purpose of determining compliance with this title; provided, that such right of entry is to be used only at reasonable hours. Entry may not be made into any occupied building in the absence of the owner or tenant thereof without written permission of an owner, or written order of a court of competent jurisdiction, except in cases of extreme emergency.

The following are unlawful and are declared to be a public nuisance:

A.

Any building, structure, or sign erected, installed, constructed, altered, enlarged, converted, moved, or maintained contrary to provisions of this title;

B.

The use of any land, building, or structure contrary to provisions of this title;

C.

The excavation, fill, grading, stripping or moving of topsoil, sand, earth, landforms or watercourses contrary to provisions of this title; and

D.

Any other action or inaction contrary to the provisions of this title.

A.

No land, building, or structure may be used for any purpose or use not allowed in the zone in which such land, building, or structure is located.

B.

Violation of any of the provisions contained in this title is prohibited. Any person who violates any provision of this title shall be subject to the criminal and civil penalties set forth in this chapter.

A.

Procedure: The Town or any owner of real estate within the Town in which violations of this title or violations of state statutes regulating zoning occur or are about to occur may, in addition to other remedies provided by law, institute:

1.

Injunctions, abatement, or any other appropriate actions; or

2.

Proceedings to prevent, enjoin, abate or remove the unlawful building, use or act.

B.

Violation established for injunction: The Town need only establish the violation to obtain the injunction.

C.

Withholding of permits: The Town may enforce this title by withholding building permits, certificates of occupancy and zoning compliance, business licenses or other such licenses or permits necessary for a landowner to proceed to lawfully occupy or use a building, structure, or premises.

The Town may elect to enforce the provisions of this title through civil proceedings or criminal proceedings, as allowed by state law.

A.

Civil proceedings: Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be subject to civil penalties established in section 1-4-4. The person violating this title shall be deemed to be guilty for a separate offense for each and every day during which any violation of any provision of this title is permitted or continued by such person and shall be punished as herein stated and provided.

B.

Criminal proceedings: Any person, whether as principal, agent, employee or otherwise, violating or causing or permitting the violation of any of the provisions of this title shall be guilty of a class C misdemeanor, and subject to penalty as provided in section 1-4-1 of this code. Notwithstanding the foregoing, violations that are subject to the limitation provided in U.C.A. § 10-3-703 give rise only to an infraction. The person violating this title is guilty for a separate offense for each and every day during which any violation of any provision of this title is permitted or continued by such person and shall be punished as herein stated and provided.

The Town may use in any enforcement remedy for the violation of this title that is authorized under state law. Nothing in this chapter may be interpreted to limit the range of enforcement options that are available to the Town in enforcing compliance with this chapter. All remedies concerning this title are cumulative and nonexclusive. Conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions, or removing prohibited buildings, structures, signs or improvements, and shall not prevent the enforced correction or removal thereof. The Town reserves the right to seek any remedies provided under local and state law, including but not limited to injunctions.