a. Investigation and Conciliation.
1. The Town Council or their designee is authorized and directed to receive complaints and conduct such investigations as he deems necessary pursuant to the authority vested in that office.
2. Whenever it is determined by the Town Council of their designee that there has been a violation of this ordinance or any duly adopted rule or regulation of the Town, that office is authorized to seek all or a portion of the following relief, or any other relief that may be granted by law:
a) Attempt to conciliate the matter by conference or otherwise and secure a written conciliation agreement.
b) Seek a written assurance of discontinuance which shall be signed by the declarant and the Town Council or their designee.
c) Institute injunctive or other appropriate action or proceeding in any court of competent jurisdiction to obtain a restraining order, permanent or temporary injunction or any other appropriate form of relief.
b. Penalties.
1. The Town Attorney may apply to any court of competent jurisdiction to enjoin a violation which has been found to exist by the Town Council as a result of an inspection. The penalty for such violation shall be not more than five hundred dollars ($500.00) for each unit with respect to which the violation has occurred. Each day during which any unit has been advertised or offered and such advertisement or offer has not been withdrawn shall constitute a separate offense.
2. Any person who willfully makes an untrue or misleading statement of material facts, or willfully omits to provide required data in any document prepared pursuant to this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be subject to a fine of not more than five hundred dollars ($500.00) for each day of continuing violation.
c. Civil remedy - Any unit owner or tenant may file a suit in any court of competent jurisdiction for injuries sustained by him as a result of a violation by declarant of any provisions of this ordinance. In the event that such violation if found to occur, the court may assess compensatory damages, and in addition, punitive damages equal to three (3) times the amount of compensatory damages, but not more than five thousand dollars ($5,000.00). The court shall also award the unit owner's or tenant's attorney reasonable fees for his services in the event that such a violation has occurred. If the Court finds that no violation has occurred, the court shall assess reasonable attorney's fees against the unit owner and tenant. Contractual promises shall not be held to have merged with the deed and shall survive conveyance of the unit. This section shall not constitute a limitation on any other private right of action.
d. Administration.
1. The Town Council or their designee shall administer this ordinance and may promulgate regulations to carry out its enforcement with the review by the Town Council. An application fee of one hundred dollars ($100.00) per unit shall be charged for conversion condominiums to be paid upon approval of the condominium plat. This is in addition to other applicable fees. Said fee does not apply to the resale of individual units by any owner.
2. The Town Council or their designee shall submit an annual report to the Town Council which provides comprehensive data and other documentation on the development of new and conversion condominiums.
(Ord. No. 887, § 8, 5-12-82)