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IMPLEMENTATION AND ENFORCEMENT
§ 153.25 IMPLEMENTATION OF THE CAMA MINOR DEVELOPMENT PERMIT.
   (A)   Changeover date. The system to implement Coastal Area Management Act (CAMA) minor development permits shall begin on the date designated by the Secretary of the Department of Natural and Economic Resources as the changeover date.
   (B)   Existing permits.
      (1)   All other local permits and inspections required prior to the institution of Coastal Area Management Act minor development permits shall continue to be required and shall be issued and considered in coordination with Coastal Area Management Act permits. Such existing permits include, but are not limited to, plumbing permits, electrical permits, mechanical permits, building permits, septic tank permits, zoning permits, and flood insurance.
      (2)   Whenever other local permits are required, the Permit Officer shall consult with the agencies responsible for such permits and comments of this consultation shall be noted in the record.
('85 Code, § 8-3.5) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
§ 153.26 APPEAL TO COMMISSION.
   (A)   Any person directly affected by the decision of the Permit Officer, including the Secretary of the Department of Natural and Economic Resources, may within 20 days after notice of the Permit Officer's final disposition request a hearing or a variance before the Coastal Resources Commission. The hearing before the Commission shall be a quasi-judicial hearing conducted in accordance with the requirements of the Coastal Area Management Act, any applicable rules and regulations adopted by the Commission, and any other state laws applicable to such procedures.
   (B)   Upon receiving notice from the Commission of such an appeal, the Permit Officer shall promptly forward to the Commission the entire record compiled in relation to the minor permit disposition that is the subject to the appeal.
   (C)   Upon receipt of notice of appeal from the Commission, the Permit Officer shall give notice to the Town Board of Commissioners, the Town Manager and the Town Attorney and forward to that Board a copy of the record as submitted to the Commission and any other relevant information.
   (D)   No action for which a minor development permit is required shall be taken while appeal of the Permit Officer's final disposition of that permit is pending.
('85 Code, § 8-3.6) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
§ 153.27 INJUNCTIVE RELIEF; NOTICE.
   (A)   Upon violation of the provisions adopted by the local government pursuant to the Coastal Area Management Act relating to the issuance of minor development permits, the Permit Officer may, either before or after the institution of proceedings for the collection of any penalty imposed by the Coastal Area Management Act for such violation, institute a civil action in the General Court of Justice in the name of the affected local government upon the relation of the Permit Officer for injunctive relief to restrain the violation and for such other or further relief in the premises as the court shall deem proper. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed by the Coastal Area Management Act for any violation of same.
   (B)   The Permit Officer shall notify the Secretary of Natural and Economic Resources of any civil action undertaken by or against such officer under the Coastal Area Management Act.
('85 Code, § 8-3.7a., c.) (Ord. 28, passed - - )
§ 153.28 AMENDMENT OF THE IMPLEMENTATION AND ENFORCEMENT PROGRAM.
   (A)   Notice and legislative hearing. Amendment of the Implementation and Enforcement Program shall be in accordance with the notice and legislative hearing requirement set forth in the Coastal Area Management Act and the Commission’s “Criteria for Local Implementation and Enforcement Plans” pertaining to the adoption of the original program.
   (B)   Request to waive formal amendment requirements. Whenever a proposed amendment is deemed sufficiently insignificant by the Board of Commissioners, that body may petition the Commission for a waiver of formal hearing and notice requirements.
   (C)   Commission approval. Upon local acceptance of any amendment, the amendment shall be submitted to the Commission for approval. Upon Commission approval, such amendment shall be adopted as a part of the ordinances implementing this plan.
   (D)   The Permit Officer shall bring to the Board of Commissioner's attention annually or more frequently recommendations for modifications or amendments to the Coastal Area Management Act management plan.
(‘85 Code, § 8-3.8) (Ord. 28, passed - - ; Am. Ord. 21-10, passed 6-15-21)
§ 153.29 FAILURE TO PROPERLY ENFORCE AND ADMINISTER A PROGRAM.
   (A)   Procedure. Upon receipt of notification from the Commission of deficiencies in administration and enforcement of the local Implementation and Enforcement Plan, the Permit Officer and a committee appointed by the Board of Commissioners shall conduct an investigation and prepare an appropriate response to the alleged deficiencies set forth in the Commission's notice.
   (B)   Notification to the Commission.
      (1)   If the Commission's charges are found to be valid, within 30 days of notification by the Commission the Board of Commissioners and Permit Officer shall inform the Commission of the findings of the investigation, shall assert the willingness and ability to modify the situation resulting in the violation and shall state the means by which the Permit Officer and Board of Commissioners intend to avoid similar violations in the future.
      (2)   If the Board and Permit Officer find the Commission's charges to be without grounds, they shall so inform the Commission. If the Coastal Resources Commission disagrees with that finding, the Board may at that time request a hearing before the Commission or take other appropriate action within 90 days after receipt of the Commission's notification of the violation to come to some mutually acceptable solution with the Commission. If no such mutually acceptable solution has been achieved within the 90-day period, the Board of Commissioners and Permit Officer shall automatically relinquish authority to issue permits for minor development.
('85 Code, § 8-3.9) (Ord. 28, passed - - )
§ 153.99 PENALTY.
   (A)   Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be subject to the penalty provided in § 10.99 of this code of ordinances.
   (B)   Any person adjudged guilty of knowingly and willfully undertaking any development requiring a minor development permit without acquiring such a permit, or of conduct exceeding the authority of a permit granted, or of failure to observe the agreed modifications of a conditioned grant, or of violation of any other applicable regulations adopted by a local government or the Commission pursuant to the Coastal Area Management Act shall be guilty of a misdemeanor, and for each violation shall be liable for a penalty of not less than $100 nor more than $1,000, or shall be imprisoned for not more than 60 days, or both. In addition, if any person continues or further commits any of the above violations after written notice from the Permit Officer, the court may determine that each day during which the violation continues or is repeated constitutes a separate violation subject to the foregoing penalties. ('85 Code, § 8-3.7b.) (Ord. 28, passed - - )