(A) Violations of this chapter shall constitute either a misdemeanor, with a fine not exceeding $50 or imprisonment not exceeding 30 days, or, at the election of the town, shall subject the offender to a civil penalty upon the issuance of a citation for the violations as hereinafter provided. The civil penalty, if not paid to the town within 15 days of the issuance of a citation, may be recovered by the town in a civil action in the nature of debt. The civil penalties shall be in the amount of $50 for each violation and each day any single violation continues shall be a separate violation.
(B) In addition to the civil penalties set out above, any provision of this chapter may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In that case, the general court of justice shall have jurisdiction to issue orders as may be appropriate, and it shall not be a defense to the application of the town for equitable relief that there is an adequate remedy at law.
(C) In addition to the civil penalties set out above, any provision of this chapter that makes unlawful a condition existing upon or use made of real property may be enforced by injunction and order of abatement by General Court of Justice. When a violation of such a provision occurs, the town may apply to the appropriate division of the General Court of Justice for a mandatory or prohibitory injunction and/or of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular.
(D) Upon determination of a violation of any section of this chapter, the penalty for which is a civil penalty, the Subdivision Administrator shall cause a warning citation to be issued to the violator. The citation shall set out the nature of the violation, the section violated, the date of the violation, and shall contain an order to immediately cease the violation. If the violation is in the nature of an infraction for which an order of abatement would be appropriate in a civil proceeding, a reasonable period of time must be stated in which the violation must be abated.
(E) An appeal from a warning citation shall be taken within ten days from the date of the warning citation and the Board of Adjustment, in considering the appeal, shall, not withstanding other powers as may be granted, have power only in the manner of administrative review and interpretation where it is alleged that the Subdivision Administrator made an error in the application of the ordinance, in the factual situation as it relates to the application of the ordinance, or both.
(F) Where the Subdivision Administrator determines that the period of time stated in the original warning citation is not sufficient for abatement based upon the work required or consent agreement, the Subdivision Administrator may amend the warning citation to provide for additional time. The warning citation shall specify that a second citation shall incur a civil penalty, together with costs and attorney fees.
(G) Upon failure of the violator to obey the warning citation a civil citation shall be issued by the Subdivision Administrator and either served directly on the violator, his or her duly designated agent, or registered agent if a corporation, either in person or posted in the United States mail service by first class mail addressed to the last known address of the violator as contained in the records of the town or obtained from the violator at the time of issuance of the warning citation. The violator shall be deemed to have been served upon the mailing of the citation. The citation shall direct the violator to pay the civil assessment within 15 days of the date of the citation, or alternatively to pay the citation by mail. The violation for which the citation is issued must have been corrected by the time the citation is paid, otherwise further citations shall be issued. Citations may be issued for each day the offense continues until the prohibited activity is ceased or abated.
(H) If the violator fails to respond to a citation within 15 days of its issuance, and pay the penalty prescribed therein, the town may institute a civil action in the nature of debt in the appropriate division of the State General Court of Justice for the collection of the penalty, costs, attorney fees and other relief as permitted by law.
(Ord. passed - -)