(A) It shall be the duty of the Director to administer and enforce this chapter and to bring to the attention of the town attorney any violations or lack of compliance therewith.
(B) The Director may delegate enforcement functions, powers and duties assigned by this chapter to other staff as may be appropriate, without the need to reflect the delegation by formal action.
(1) Refusal of permits or permissions. The Director is hereby authorized and directed to deny and withhold permits or permissions on any new project or application pursuant to this chapter or other regulations of the town where the applicant, the applicant's business, or agent has failed or refused to comply with this chapter.
(2) Stop work order. The Director is hereby authorized to issue written "stop work" and "cease and desist" orders for any activity that fails to comply with the provisions of this chapter. The stop work or cease and desist orders may be lifted at such time as the Director is satisfied that a good faith effort is being made to comply with applicable provisions of this chapter. Nothing shall prevent the Director from reissuing stop work and cease and desist orders where warranted.
(3) Injunction. If any land is used or building, structure or other activity is established or maintained in violation of this chapter, the Director is authorized to and may institute, in addition to other remedies, an injunction or undertake other appropriate action to cause the violation to cease or to be corrected.
(4) Rule-making. The Director shall have authority to promulgate such rules as may be necessary to facilitate the administration of this chapter; provided, however, any such rule shall not be contrary to the express provisions of the ordinance and shall be in harmony with its purposes.
(5) Violations and remedies. Appropriate actions and proceedings may be taken at law or in equity to:
(a) Prevent any violation of this chapter;
(b) Prevent unlawful construction;
(c) Recover damages;
(d) Restrain, correct or abate a violation; and/or
(e) Prevent illegal occupancy of a building, structure or premises.
(6) Enforcement procedures. When the Director becomes aware of a violation of this chapter, it shall be his or her duty to notify the owner of the land of the violation. The owner shall immediately remedy the violation.
(a) Notice of violation. If the owner of the land fails to take prompt corrective action, the Director shall give the owner or occupant written notice (by certified or registered mail to his or her last known address, by personal service, or by posting notice conspicuously on the property) of the following;
1. That the activity is in violation of this chapter;
2. The nature of the violation, and citation of the section(s) of this chapter violated;
3. The measures necessary to remedy the violation; and
4. Mechanisms available to appeal the decision of the Director.
(b) Appeal. Any owner who has received a notice of violation may appeal in writing the decision of the Director to the Town Council within 15 days following the date of the notice of violation. The Town Council shall hear an appeal within a reasonable time, and it may affirm, modify or revoke the notice of violation. In the absence of an appeal, the decision of the Director shall be final.
(Ord. passed - -2008)