(a) Enforcement procedures. When the administrator or his designee becomes aware of a violation of this chapter, it shall be his duty to notify the owner or occupant of the land, building, structure, sign, or use of the violation. The owner or occupant shall immediately remedy the violation. If needed, the administrator will inspect the premises during reasonable hours and upon presenting credentials. The administrator must have the consent of the premises owner or an administrative search warrant to inspect areas that are not open to the public.
(b) Notice of violation. If the owner or occupant of the land, building, structure, sign, or use in violation fails to take prompt corrective action, the administrator or his designee shall give the owner or occupant written notice of violation (by personal delivery, first-class mail, and/or by posting notice conspicuously on the property) of the following:
(1) That the activity, land, building, structure, sign, or use is in violation of this chapter;
(2) The nature of the violation, and citation of the section of this chapter violated;
(3) The measures necessary to remedy the violation; and
(4) Mechanisms available to appeal the decision of the administrator.
(5) Any commencement of land clearing or removal of vegetative growth in violation of section 36-234 without first receiving a land disturbance permit and providing an approved site plan, or in violation of section 36- 262 without first receiving a land disturbance authorization, as required by this chapter, shall subject the property owner or the owner's agent to a civil fine not to exceed $500.00 per day for each occurrence of such a violation. The fine shall be payable immediately upon notification and shall be assessed from the date of violation. Each day of a continuing violation shall constitute a separate violation. If, following the appropriate inspections, the illegal development is found to meet all requirements of this chapter, certificates of zoning compliance shall be issued upon payment of the fine and submittal of the appropriate documents, including fees. If the development does not meet said requirements, the development shall either be returned as far as possible to its original state, or be brought into compliance prior to receipt of site plan approvals.
(6) The removal of significant trees or native shrubbery with their stumps and roots, without an approved site plan, as required by this chapter, shall subject the property owner to fines of $500.00 for each significant tree illegally removed and $500.00 for each 100 square feet of native shrubbery, with their stumps and roots, illegally removed. If the number of significant trees and/or extent of native shrubbery previously existing on the property is not known by means of an on-site inspection, fines shall be levied based on the canopy coverage observable from existing aerial photography of the area in question. In addition to these fines, illegally removed significant trees shall be replaced at the expense of the owner or the owner's agent as set forth in section 36-234.
(c) Appeal. Any owner or occupant who has received a notice of violation may appeal in writing the decision of the administrator or his designee to the board of adjustment in accordance with sections 36-184 and 36-185. In the absence of an appeal, the decision of the administrator shall be final.
(d) Failure to comply with notice of violation or decision of the board of adjustment. If the owner or occupant of a property fails to comply with a notice of violation from which no appeal has been taken, or a final decision by the BOA following an appeal, the owner or occupant shall be subject to such remedies and penalties as may be provided for by state law or by section 36-430.
(e) Civil penalties. Any person who violates any provision of this chapter shall be subject to the assessment of a civil penalty in accordance with the provisions set forth herein.
(1) Responsible parties. The owner or occupant of any land, building, structure, sign, use of land, or part thereof, and any architect, builder, contractor, agent, or other person, who participates or acts in concert, assists, directs, creates, or maintains any condition that is in violation of this chapter may be held responsible for the violation and subject to the civil penalties and remedies provided herein and in section 36-430.
(2) Issuance of citations. No civil penalty shall be assessed under this section until the person alleged to be in violation has been notified in accordance with subsection (b) of this section. If after receiving a notice of violation the owner or other violator fails to correct the violation, a civil penalty shall be imposed in the form of a citation. Such citation shall substantially conform to the following:
a. It shall be in writing;
b. It shall be delivered by certified or registered mail to the last known address of the owner or occupant or such other person or by personal service or by posting conspicuously on the property;
c. It shall state the civil penalty which is imposed upon the violator; and
d. It shall direct the violator to pay the civil penalty within ten business days of the date of service of the citation.
(3) Payment of civil penalties. The schedule for civil penalties shall be set forth in a fee schedule maintained by the town clerk. For each day the violation is not corrected, the violator will be guilty of an additional and separate offense and subject to additional civil penalties. For each additional and separate offense, the citation amount for the same violation shall be twice the amount as the last citation as set forth in the fee schedule. If the offender fails to pay any civil penalties within 30 days of service of a citation, the town may recover such penalties in a civil action in the nature of debt. Assessment of civil penalties shall be stayed pending appeals taken to the board of adjustment.
(Code 1989, § 92.999; Ord. of 6-12-2007; Ord. of 5-13-2014; Ord. of 8-8-2017; Ord. No. 21-05-11, 5-11-2021)