(A) Injunction. If any building or maintained structure is constructed, reconstructed, altered, repaired, converted or any building, structure or land is used in violation of this Development Code, the town, any owner or tenant of real property affected by the building or structure in question, in addition to other remedies, may institute any appropriate action or proceedings:
(1) To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use;
(2) To prevent the illegal act, conduct, business or use in or about the premises;
(3) To prevent occupancy of the building, structure or land whether improved or otherwise; and
(4) To restrain, correct or abate the violation.
(B) When any action is instituted by an owner or tenant, notice of the action shall be served upon the municipality at the time suit is begun by serving a copy of the complaint on the Manager or designee thereof.
(C) In any action or proceeding, the court with jurisdiction thereof has the power and, in its discretion, may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon the terms and under the conditions as will do justice and enforce the purpose of this Development Code.
(Prior Code, Ch. 4, Art. I, § 4-6) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)