§ 155.066  VIOLATIONS.
   (A)   It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, install, remove, convert or demolish, equip, use, occupy or maintain any building(s), structure(s) or land in the Town of Beverly Shores, or cause the same to be done, contrary to or in violation of this chapter.
   (B)   (1)   Whenever any member of the Police Department of the Town of Beverly Shores has probable cause to believe that any person, firm or corporation has violated any term or provision of this chapter, the police officer shall notify the Building Commissioner immediately in order to verify that a violation exists and shall document the existence of the alleged violation.
      (2)   The Building Commissioner shall, in turn, investigate the alleged violation and inform the Police Department of his or her findings. In all cases, where the Building Commissioner, in his or her judgment, finds a violation does exist, he or she shall so notify in writing the Police Department of the Town of Beverly Shores who shall thereupon issue a citation to the violator.
   (C)   (1)   Nothing herein contained shall prevent the Town of Beverly Shores from taking lawful action as is necessary to prevent or remedy any violation. In the event of a civil suit in which the Town of Beverly Shores successfully enjoins a violation of this chapter, the parties enjoined shall be liable for costs incurred by the Town of Beverly Shores including reasonable attorney fees.
      (2)   The Building Commissioner is the designated official charged with the enforcement of this chapter or any ordinance enacted under the State Advisory Planning Law and has authority to investigate alleged violations thereof and if facts elicited by the investigation are sufficient to establish a reasonable belief that a violation has occurred on the part of the party investigated, to file a complaint against the person, firm or corporation in the court having jurisdiction over like matters.
   (D)   In addition to the foregoing provisions, the Town Council of the Town of Beverly Shores hereby declares buildings erected, raised or converted or land or premises used in violation of any provision of this chapter to be common nuisances, and the owner of any building, land or premises shall be liable for maintaining a common nuisance.
   (E)   Any permit or certificate of occupancy issued for applications that are in conflict with the provisions of this chapter shall be considered null and void.
(Ord. 208, passed 12-19-1983)  Penalty, see § 155.999