Whenever by the provisions of this chapter, the performance of any act is required or the performance of any act is prohibited, or whenever any regulation or limitation is imposed on the use of any land, or on the erection, alteration, or the use or change of use of a structure, a failure to comply with such provisions shall constitute a violation of this chapter.

(Ord. of 7-10-2006(2), § 718.1)

The owner, tenant or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent or other person who participates in assisting, directing, creating or maintaining any such situation that is contrary to the requirements of this chapter, may be held responsible for the violation and be subject to the penalties and remedies provided herein.

(Ord. of 7-10-2006(2), § 718.2)

(a)

Upon the determinations that any provision of this chapter is being violated, the zoning officer shall deliver a written notice by personal service or by registered or certified mail, return receipt requested, to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional written notices may be sent at the zoning officer's discretion.

(b)

The final written notice, which may also be the initial notice, shall state the action the zoning officer/planning department intends to take if the violation is not corrected and shall advise that the planning board's order may be appealed to the board of adjustment as provided in section 30-623

(c)

In cases when delay would seriously threaten the effective enforcement of this chapter, or pose a danger to the public health, safety or general welfare, the zoning officer may seek enforcement without prior written notice by invoking any penalties or remedies contained in section 30-730

(Ord. of 7-10-2006(2), § 718.3)

(a)

Any violation of any provision of this chapter shall constitute a misdemeanor and shall subject the violator to a penalty of $500.00 or imprisonment for not more than 30 days.

(b)

Any act that is a violation of this chapter shall also subject the offender to a civil penalty of $100.00. If the offender fails to appeal to the board of adjustment or to pay the penalty within ten days of receiving final written notice of a violation, the penalty may be recovered by the town in a civil action in the nature of a debt.

(c)

A civil penalty may not be appealed to the board of adjustment if the offender received a final written notice of violation and did not appeal to the board of adjustment within 45 days of the receipt of the written notice.

(d)

Each day that any violation continues after receipt of the final written notice of such violation shall constitute a separate violation and a separate offense for purposes of the penalties and remedies specified herein.

(e)

The town may hold or revoke the issuance of any permit for land or structures upon which a violation has occurred or one otherwise impacted by a violation. For any building or structure which requires or has received a certificate of occupancy, and is being maintained in violation or is directly impacted by a violation of this chapter, said violation is deemed to be an applicable ordinance pursuant to section 309.1 of the state building code and no certificate of occupancy may be issued until the violation is corrected.

(Ord. of 7-10-2006(2), § 718.4)

(a)

The town's zoning enforcement office, and any planning board employee designated as having authority to assess civil penalties under this chapter, are hereby empowered to issue civil citations upon the observance of a violation of this chapter.

(b)

The minimum civil penalties for violation of this chapter shall be as follows:

(c)

In addition to the penalties and remedies in subsection (b) of this section, the planning board may institute any appropriate action or proceedings to prevent, correct or abate a violation of this chapter.

(Ord. of 7-10-2006(2), § 718.5)

The town may seek restitution of damages or extra expenses including the cost of cleanup, resulting from any violation of this chapter. The minimum charge for cleanup will be $25.00. Actual charges will be determined by the planning board or authorized personnel.

(Ord. of 7-10-2006(2), § 718.6)