Loading...
Any failure to comply with a requirement, prohibition, or limitation imposed under the provisions of this ordinance, or with a term or condition of any permit or other authorization granted pursuant to the ordinance shall constitute a violation of this ordinance.
(Ord. passed 2-3-2021)
One or more of the following persons may be held responsible for a violation of this ordinance and be subject to the remedies and penalties provided in this Article:
6.4.1 An architect, engineer, builder, contractor, agent, or any other person who participates in, assists, directs, creates, or maintains a situation that constitutes a violation of this ordinance.
6.4.2 An owner of the property on which a violation of this ordinance occurs, or any tenant or occupant of that property who has control over, or responsibility for, its use or development.
(Ord. passed 2-3-2021)
6.5.1 Investigation. On receipt of a complaint or other information indicating that there may be a violation of this ordinance, the UDO Administrator, or any other official designated by the Town Council, shall investigate the situation and determine whether a violation exists.
6.5.2 Initial notice of violation.
A. On determining that a violation exists, the UDO Administrator shall give the responsible person written notice of the violation by personal delivery, or by certified or registered mail, return receipt requested. The notice shall describe the nature of the violation, state the actions necessary to correct the violation, and invite the alleged violator to meet with the UDO Administrator within ten days to discuss the violation and how it may be corrected. The UDO Administrator may provide the alleged violator additional written notices of violation. If the UDO Administrator believes personal service and/or service by registered or certified or registered mail may be unsuccessful, he or she may also provide notice by posting the written notice in a conspicuous place on the property for a period of not less than ten days simultaneously with the attempts at service by the previously mentioned methods.
B. The UDO Administrator may, by service effectuated pursuant to Article 6.5.2.A above, issue a cease and desist order to the responsible person, which order shall remain in effect until all violations have been corrected.
C. Before revoking a permit or other authorization, the UDO Administrator shall give the holder of the permit or authorization ten days’ notice of intent to initiate the process to revoke the permit or authorization. The notice shall set forth the reasons for the intended revocation, and shall state that the holder may have an informal hearing on the intended revocation before the UDO Administrator. In revoking the permit, the UDO Administrator shall follow the same development review and approval process required for issuance of the development approval, including any required notice or hearing, in the review and approval of any revocation of that approval.
(Ord. passed 2-3-2021)
The UDO Administrator’s final written notice of violation (which may, when appropriate, be the initial written notice) shall be served upon the responsible person in the same manner as the initial notice of violation, and shall order correction of the violation within 30 days of service of the notice. It shall set forth those remedies the UDO Administrator may pursue, and shall state that the correction order may be appealed to the Town Council. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first class mail and may be provided by similar means to the occupant of the property or the person undertaking the work or activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the Town Clerk that the notice was provided, and the certificate shall be deemed conclusive in the absence of fraud.
(Ord. passed 2-3-2021)
The holder of a permit or authorization that has been revoked may submit to the UDO Administrator a written request for reinstatement of the permit or authorization within 90 days of the revocation. Upon determining that the reasons for the revocation have been eliminated, and that the applicant has fully complied with all requirements of this ordinance, the UDO Administrator or applicable responsible approval authority may reinstate the permit or authorization. A permit or authorization that has been revoked shall not be reinstated if an application for reinstatement has not been filed within 90 days. Under such circumstances the holder of the permit or authorization must reapply for the permit or authorization, which shall follow the same development review and approval process as was required for the initial permit approval.
(Ord. passed 2-3-2021)
6.8.1 Any person aggrieved by the UDO Administrator’s determination of a violation or correction order may appeal that determination or order to the Board of Adjustment in accordance with the provisions of Article 4.10 (Appeal of Administrative Decision).
6.8.2 If the recipient of a correction order does not appeal the order to the Board of Adjustment within the time specified in Article 4.10 (Appeal of Administrative Decision), that person may not later appeal the subsequent imposition of a remedy or penalty specified in the order to the Town Council.
(Ord. passed 2-3-2021)
The recipient of a correction order, or the owner of the property on which the violation has occurred, may submit to the UDO Administrator a written request for an extension of time not to exceed 60 days beyond that set forth in the order to correct the violation. On concluding that the request contains enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control of the person requesting the extension, the UDO Administrator may extend the time limit as reasonably necessary to allow timely correction of the violation.
(Ord. passed 2-3-2021)
Loading...