Walkertown City Zoning Code
ARTICLE IX
Enforcement
9-1 - VIOLATIONS AND PENALTIES
The following enforcement procedures may be undertaken by the Director of Inspections to enforce provisions of this Ordinance.
9-1.1 CRIMINAL PENALTIES
Any person, firm, or corporation violating any provisions of this Ordinance shall be guilty of a Class 3 misdemeanor. Upon conviction thereof, such violator shall be subjected to a fine not to exceed five hundred dollars ($500.00), except that no such violation shall be punishable until the expiration of ten (10) days after notice shall have been issued by the Director of Inspections and served upon such violator. Each and every day beyond the initial ten (10) day notice period during which such violation continues shall be deemed a separate offense.
(A)
Assessment of Civil Penalties .....In addition to criminal penalties, any person, firm, or corporation violating any provisions of this Ordinance shall be subject to a civil penalty of one hundred dollars ($100.00) to be recovered by the jurisdiction in a civil action in the nature of a debt. No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation by the Director of Inspections. Failure to correct the violation within ten (10) days of the date of service of the notice, or the end of the period of any extension, will result in the assessment of a civil penalty or other enforcement action. For good cause determined by the Director of Inspections, the correction period may be extended by him. Each day of continuing violation shall constitute a separate violation.
(B)
Referral to Attorneys .....If payment is not received within thirty (30) days after written demand for payment is made, the Director of Inspections may refer the matter to the jurisdiction's Attorney who is authorized to institute a civil action in the name of the jurisdiction in the appropriate division of the General Court of Justice for recovery of the penalty.
9-1.3 INJUNCTIVE OR OTHER RELIEF
(A)
Referral to Attorney .....In addition to other remedies provided by law, whenever the Director of Inspections has reasonable cause to believe that any person is violating or threatening to violate this Ordinance, the Director of Inspections may refer the matter to the jurisdiction's Attorney.
(B)
Other Appropriate Action .....The jurisdiction's Attorney, on behalf of the jurisdiction, may in addition to other remedies provided by law, institute injunction, mandamus, abatement, or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, maintenance, or use.
9-2 - SPECIAL USE DISTRICT PERMIT
Any violation of a condition or other provision shown on the face of a site plan adopted as part of a special use district permit issued by the Elected Body shall be a violation of this Ordinance. Where the Director of Inspections determines that any term or condition of a special use district permit is not adhered to, he shall notify the petitioner or successor in interest of his findings in writing. The petitioner shall have ten (10) days unless the Director of Inspections determines that a longer period of time is reasonably necessary to correct the violation. In the event that any violation is not corrected or abated within the ten (10) days or the specified period, all development shall cease and all government permits granted pursuant thereto, such as but not necessarily limited to, a building permit, shall be revoked. The Director of Planning shall determine the proper procedure to amend the site plan, including a formal site plan amendment or a staff change pursuant to Section B.6-2. Revocation of the Special Use District Permit shall follow the same development review and approval process required for issuance of the initial development approval.
(Ord. of 6-24-21)
9-3 - SUBDIVISION ORDINANCE
Any person who, being the owner or agent of the owner of any land subject to the Subdivision Ordinance of the Town of Walkertown, thereafter subdivides his or her land in violation of the Subdivision Regulations or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under such Regulations and recorded in the Register of Deeds, shall be guilty of a Class 1 misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land shall not exempt the transaction from this penalty. The respective unit of government may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with the Subdivision Ordinance. Building permits may be denied for lots that have been illegally subdivided. In addition to other remedies, the unit of government may institute any appropriate action or proceedings to prevent the unlawful subdivision of land, to restrain, correct, or abate the violation, or to prevent any illegal act or conduct.