(A) A notice of violation shall be issued to the property owner, notifying the owner that a violation of this section must be corrected within 30 days. A single 30-day extension may be granted if it has been demonstrated that the owner is working in good faith to correct the violation. The owner of a parcel that is deemed to be in violation of this chapter may appeal the declaration by filing a writing request to the Town Council within 10 days of the receipt of the initial notice of violation. A hearing would be held at the next available meeting following the receipt of the request to determine whether the declaration of a violation was valid.
(B) If the violation is not corrected within the prescribed time period, then a citation in the amount of $50 per violation per day shall be issued.
(C) If the violation is still not corrected following the issuance of the aforementioned citations, then the town may pursue one or more of the following measures in order to obtain compliance:
(1) Injunction. The town may apply to the appropriate court of law for a mandatory or prohibitory injunction commanding the defendant to correct the violation.
(2) Order of abatement. In addition to any injunction, the town may apply for and the court may enter into an order of abatement as part of the judgement in the case. An order of abatement may direct the town to correct the violation on the subject property.
(3) Execution of court decisions. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt. The town may execute the order of abatement and will have a lien on the property for the cost of executing the order. The defendant may secure cancellation of an order of abatement by paying all costs of the proceedings and by posting a bond for compliance with the order. The bond must be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter was heard and shall be conditioned for the defendant’s full compliance with the terms of the order of abatement within the time fixed by the judge. Cancellation of an order of abatement does not suspend or cancel an injunction issued in conjunction with the order.
(4) Option of enjoining or abating. Notwithstanding any provision in this chapter, the town shall have the option of enjoining or abating any violation of this chapter in accordance with any and all authority granted by state law or statute.
(Ord. O-17-04, passed 2-13-2017)