(A) General.
(1) Any use or development of property contrary to the provisions of the subdivision regulations shall be unlawful, against the public safety and welfare, and a public nuisance, and the town may immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, and may take other lawful steps and may apply to the court or courts as may have jurisdiction to grant such relief as will abate, enjoin and restrain any person, firm, partnership, or corporation from setting up, developing, erecting, building, moving or maintaining any such building or using or selling any property contrary to the provisions of these subdivision regulations, or otherwise violating these subdivision regulations.
(2) It is the responsibility of the subdivider to comply with these regulations. At any time in the processing of the subdivision plat or construction of improvements associated with the approved subdivision plat or construction drawings that non-compliance with these regulations or approved subdivision plat is determined, notification of same shall be transmitted to the subdivider. If compliance is re-established, processing of the plat or construction of associated improvements may proceed from the date of compliance as authorized by the Planning and Zoning Director.
(B) Violations and penalties. Any person, firm, partnership, corporation or other legal entity who violates any provision of these regulations shall be guilty of a Class 1 misdemeanor and, upon conviction thereof, shall be punished by fine and/or imprisonment as denoted in § 153.999. The imposition of any sentence shall not exempt the offender from compliance with the requirements of these regulations and provisions of the ordinance.
(C) Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve that person from the responsibility to comply with the requirements of these regulations, or to correct or remove prohibited conditions. In addition to the other remedies provided in this section, any adjacent or neighboring property owner who shall be specially damaged by the violations of any provisions of these subdivision regulations may institute, in addition to the other remedies provided by law, injunction, mandamus, abatement or any other appropriate action or proceeding to prevent, abate, correct or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.
(Ord. 2007-2, passed 5-29-2007; Am. Ord. 2014-02, passed 12-15-2014)