Except as otherwise provided, the following notice procedure shall be used to enforce the provisions of this Ordinance. The notice of violation and assessment procedure for violations of the soil erosion and sedimentation control provisions in Section 14.4 of this Ordinance are set forth in Section 11.4.4.
(A) Notice Required Before Penalty
No penalty shall be assessed pursuant to this chapter unless and until the person alleged to be in violation has been notified of the violation in accordance with this section, with the exception of a violation of a stop work order, illegal placement of a temporary sign, violation of the soil erosion and sedimentation control provisions in Section 14.4, or violations subject to Section 11.5.2. In the case of stop work orders, violations shall subject the violator to immediate imposition of a penalty. In the case of an illegal temporary sign, the Director shall be authorized to remove such sign immediately without notice.
(B) Notice of Violation and Opportunity to Cure
Whenever the Director has reasonable cause to believe there exists a violation of any provision(s) of this Ordinance or any plan, order, condition, or other development approval (collectively, “development approval”) which has been approved, issued, or imposed pursuant to this Ordinance, the Director shall notify the holder of the development approval and the owner of the property involved (if not the holder of the development approval). Notice may also be sent to the occupant of the property and/or the person(s) undertaking the work or activity causing the violation.
(C) Written Notice
Such notice of violation shall be in writing and shall be served by personal delivery, electronic delivery, or first-class mail. A copy of the notice may also be sent by certified or registered mail, return receipt requested, with a copy also sent by regular mail. Service shall be deemed sufficient if the registered or certified mail is unclaimed or refused, and the regular mail is not returned by the post office within ten (10) days after the mailing. The person providing the notice of violation shall certify that the notice was provided.
(D) Content of Written Notice
The notice of violation shall describe the violation, shall identify the provision or provisions of this Ordinance that are being violated, shall specify what actions must be taken to correct the violation (including an order to stop any and all work which violates this Ordinance), shall direct the person to correct the violation within a specified reasonable time period (beginning on the date such notice is received), and shall warn that more severe measures (such as a civil penalty) may be assessed or brought against the person if he or she fails to take appropriate action to cure or correct the violation.
(E) Extension of Time to Cure
Upon receipt of a written request from a person who received a notice of violation for an extension of time to cure or correct the violation, the Director may grant a single extension of time, not to exceed a period of thirty (30) days, in which the person may cure or correct the violation before the Director issues a citation pursuant to Section 11.6.2. Such extension of time shall not be granted unless the person can demonstrate to the Director that the violation cannot be cured or corrected within the time period specified in the notice of violation because the labor or materials needed to take appropriate action are unavailable due to circumstances beyond the control of the person making the request.
(F) Corrective Action Taken
If the violation is cured or corrected within the time period specified in the notice of violation, or extension of time granted in Section 11.6.1(E), then the Town shall take no further action against the person.