(A) Any person convicted of violating the provisions of this chapter in the Town Municipal Court may be fined an amount not to exceed $1,000.
(B) Any person, firm, building superintendent, building manager, contractor, contractor’s superintendent, corporation or other entity who violated any of the provisions of § 153.017, including, but not limited to, failing to obtain a building permit, shall be deemed guilty of a misdemeanor and of a separate offense for each and every day or portion thereof during which any violation continues, and shall be punished by a fine of not more than $2,650.
(C) Violations of the provisions of this chapter or failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with grants of variances or special use or conditional use permits, shall constitute a misdemeanor, punishable by a fine of up to $1,000. Any agreement to sell or transfer lots in a subdivision before the final plat is approved by the town will constitute a separate violation for each lot sold or agreed to be sold. Each day of violation will constitute a separate offense.
(3) (a) Any act constituting a violation of the provisions of this chapter or a failure to comply with any of its requirements, including violations of any conditions and safeguards established in connection with the grants of variances or special use or conditional use permits, shall also subject the offender to a civil penalty of $25.
(b) If the offender fails to pay this penalty within ten days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. A civil penalty may not be appealed to the Board of Adjustment if the offender was sent a final notice of violation and did not take an appeal to the Board of Adjustment within the prescribed time.
(4) This chapter may also be enforced by any appropriate equitable action.
(5) Each day that any violation continues after notification by the Administrator that such violation exists shall be considered a separate offense for purposes of the penalties and remedies specified in this section.
(6) In addition to any other penalty imposed by this chapter for a violation of the provisions of this chapter, the town reserves and maintains the continued right to abate violations of this chapter.
(7) Any one, all or any combination of the foregoing penalties and remedies may be used to enforce this chapter.
(D) (1) Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, or agrees to sell or negotiates to sell, any land by reference to or exhibition of or by use of a plat of a subdivision within the town before such plat has been approved by the Planning Commission and recorded or filed in the office of the County Clerk and Recorder shall pay a penalty of $1,000 to the town for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold.
(2) The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.
(F) Violations of the provisions of § 153.069 or failure to comply with any of its requirements, shall constitute a misdemeanor, punishable by a fine of up to $1,000.
(Ord. 2-98, passed 4-22-1998; Ord. 02-2019, passed 3-27-2019)