The town may apply to a court of law for any appropriate equitable remedy to enforce the provisions of this ordinance. It is not a defense to the town’s application for equitable relief that there are other remedies provided under general law or this ordinance.
(A) Injunction. Enforcement of the provisions of this ordinance may also be achieved by injunction. When a violation occurs, the town may, either before or after the initiation of other authorized action, apply to the appropriate division of the court for a mandatory or prohibitory injunction commanding the defendant to correct the unlawful condition or cease the unlawful use of the property.
(B) Order of abatement. In addition to an injunction, the town may apply for and the court may enter into an order of abatement as part of the judgment in the case. An order of abatement may direct any of the following actions:
(1) Buildings or other structures on the property be closed, demolished or removed;
(2) Fixtures, furniture or other moveable property be moved or removed entirely;
(3) Improvements alterations, modifications or repairs be made; or
(4) Any other action be taken that is necessary to bring the property into compliance with this ordinance.
(C) 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. If so authorized to do so by the court, the town may execute the order of abatement and will have a lien on the property in the nature of a mechanic’s and material man’s lien 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.
(Ord. passed 11-2-2011)