A. Injunctive Relief And Abatement: At the request of any person authorized to enforce this development code, the town may commence proceedings for the abatement, removal, correction and enjoinment of any act or omission that constitutes or will constitute a violation of this development code or any permit or land use approval granted pursuant thereto, and an order requiring the violator(s) to pay civil penalties and/or abatement costs. Where multiple violators are involved, they shall be jointly liable for the civil penalties and/or abatement costs.
B. Civil Remedies And Penalties: Any person, whether acting as principal, agent, employee, owner, lessor, lessee, tenant, occupant, operator, contractor, or otherwise, who violates any provision of this development code or any permit or any condition of land use approval granted pursuant thereto, shall be liable for a civil penalty as established by council per violation for each day or any portion thereof, that the violation continues.
C. Attorney Fees: In any civil action, administrative proceeding, or special proceeding to abate a public nuisance, whether by seeking injunctive relief and/or an abatement order, or other order, attorney fees may be recovered by the prevailing party and shall not exceed the amount of reasonable attorney fees incurred by the town in that action or proceeding 1 .
D. Statute Of Limitation: Any court action or proceeding to attach, review, set aside, void or annul any decision relating to the adoption or amendment of the town general plan or any specific plan or any decision of matters listed in this development code otherwise subject to court review (other than those listed in sections 65907 and 66499.37 of the state Government Code and section 21167 of the state Public Resources Code) or concerning any of the proceedings, acts or determinations taken, done or made prior to such decision, or to determine the reasonableness, legality, or validity of any conditions attached thereto, shall not be maintained by any person unless such action or proceeding is commenced with service of summons effected within thirty (30) calendar days after the effective date of such decision. Thereafter, all persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of such decision or of such proceedings, acts or determinations. (Ord. 251, 11-18-2014)
Notes
| 1 | 1. GOV § 25845. |