Chapter 17.10 

 

ENFORCEMENT

 

 

Section:

 

17.10.002   Violations

17.10.004   Duty to Enforce

17.10.006   Investigation and Notice of Violation

17.10.008   Time to Comply

17.10.010   Stop Work Order

17.10.012   Emergency Order

17.10.014   Review by Director

17.10.016   Extension of Compliance Date

17.10.017   Civil Penalty

17.10.020   Criminal Penalties

17.10.022   Additional Relief

 

 

17.10.002        Violations:

            A.        It is a violation of this title for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land or property within the Town without first obtaining the permits or authorizations required for the use by this title.

 

            B.         It is a violation of this title for any person to use, construct, locate or demolish any structure, land or property within the Town in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title, provided that the terms or conditions are explicitly stated on the permit or the approved plans.

 

            C.        It is a violation of this title to remove or deface any sign, notice, complaint or order required by or posted in accordance with this title.

 

            D.        It is a violation of this title to misrepresent any material fact in any application, plans or other information submitted to obtain any land use authorization.

 

            E.         It is a violation of this title for anyone to fail to comply with the requirements of this title.


 

17.10.004        Duty to Enforce:

            A.        It shall be the duty of the Mayor or an appointed enforcement officer to enforce this title.  The enforcement officer may call upon the police, fire, health or other appropriate Town departments to assist in enforcement.

 

            B.         Upon presentation of proper credentials, the Mayor or duly authorized representative of the Town may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this title.

 

            C.        This title shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

 

            D.        It is the intent of this title to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title.

 

            E.         No provision or term used in this title is intended to impose any duty upon the Town or any of its officers or employees, which would subject them to damages in a civil action.

 

17.10.006        Investigation and Notice of Violation:

            A.        The Mayor or his representative shall investigate any structure or use, which the Town reasonably believes does not comply with the standards and requirements of this title.

 

            B.         If, after investigation, the Mayor determines that the standards or requirements have been violated, the Town Planner shall serve a notice of violation on the owner, tenant or other person responsible for the condition.  The notice of violation shall state separately each standard or requirement violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.  The notice shall state that any subsequent violations may result in criminal prosecution as provided in section 17.10.020.

 

            C.        The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person.  If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person is unknown or service cannot be accomplished and the Mayor makes an affidavit to that effect, then service of the notice upon such persons may be made by:

 

1.         Publishing the notice once each week for two (2) consecutive weeks in the Town's official newspaper; and

 

2.         Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or, if unknown, to the address of the property involved in the proceedings.

 

            D.        A copy of the notice shall be posted in a conspicuous place on the property, unless posting the notice is not physically possible.

 

            E.         Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to section 17.10.010 or section 17.10.012.

 

            F.         The Mayor may mail or cause to be delivered to all residential and nonresidential rental units in the structure or post at a conspicuous place on the property a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

 

            G.        A notice or an order may be amended at any time in order to:

 

1.         Correct clerical errors; or

 

2.         Cite additional authority for a stated violation.

 

17.10.008        Time to Comply:

            A.        When calculating a reasonable time for compliance, the Mayor and Town Council shall consider the following criteria:

 

1.         The type and degree of violation cited in the notice;

 

2.         The stated intent, if any, of a responsible party to take steps to comply,

 

3.         The procedural requirements for obtaining a permit to carry out corrective action;

 

4.         The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

 

5.         Any other circumstances beyond the control of the responsible party.

 

            B.         Unless a request for review before the Town Council is made in accordance with section 17.10.014, the notice of violation shall become the final order of the Town Council.  A copy of the notice shall be filed with the department of records and elections in the county.  The Town Planner may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property.

 

17.10.010        Stop Work Order:

Whenever a continuing violation of this title will materially impair the enforcement officer's ability to secure compliance with this title, or when the continuing violation threatens the health or safety of the public, the Mayor may issue a stop work order specifying the violation and prohibiting any work or other activity at the site.  A failure to comply with a stop work order shall constitute a violation of this title.

 

17.10.012        Emergency Order:

A.        Whenever any use or activity in violation of this title threatens the health and safety of the occupants of the premises or any member of the public, the Town Council may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected.  The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible.  A failure to comply with an emergency order shall constitute a violation of this title.

 

            B.         Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance, and the Town Planner is authorized to abate such nuisance summarily by such means as may be available.  The cost of such abatement shall be recovered from the owner or person responsible, or both, in the manner provided by law.

 

17.10.014        Review by Town Council:

A.        Any person significantly affected by or interested in a notice of violation issued by the Town Planner pursuant to section 17.10.006 may obtain a review of the notice by requesting such review within fifteen (15) days after service of the notice.  When the last day of the period so computed is a Saturday, Sunday or Federal or Town holiday, the period shall run until 5:00 p.m. on the next business day.  The request shall be in writing, and upon receipt of the request the Town Clerk shall notify any persons served the notice of violation and the complainant, if any, of the date, time and place set for the review, which shall be not less than ten (10) and not more that twenty (20) days after the request is received unless otherwise agreed by all persons served with the notice of violation.  Before the date set for the review, any person significantly affected by or interested in the notice of violation may submit any written material to the Town Clerk for consideration at the review.

 

            B.         The review shall consist of an informal review meeting held at the department.  A representative of the Town Planner who is familiar with the case and the applicable ordinances will attend.  The Town Planner representative will explain the reasons for the Town Planner issuance of the notice and will listen to any additional information presented by the persons attending.  At or after the review, the Town Planner may:

 

1.         Sustain the notice of violation,

 

2.         Withdraw the notice of violation,

 

3.         Continue the review to a date certain for receipt of additional information; or

 

4.         Modify the notice of violation, which may include an extension of the compliance date.

 

            C.        The Town Council shall issue a final order containing the decision within seven (7) days of the date of the completion of the review, and shall cause the order to be mailed by regular first class mail to the persons named on the notice of violation, mailed to the complainant, if possible, and filed with the department of records and elections of the county.

 

17.10.016        Extension of Compliance Date:

A.        The Town Council may grant an extension of time for compliance with any notice or order, whether pending or final, upon the Town Council's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension.

 

            B.         The Town Council may revoke an extension of time, if it is shown that the conditions at the time the extension was granted have changed.  If the Town Council determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public.  The date of revocation shall then be considered as the compliance date.

 

17.10.017        Civil Penalty:

A.        In addition to any other sanction or remedial procedure which may be available, any person in violation or failing to comply with any of the provisions of this title shall be subject to a cumulative penalty in the amount of seventy-five dollars ($75.00) per day for each violation, from the date set for compliance until the order is complied with.

 

            B.         The penalty imposed by this section shall be collected by civil action brought in the name of the Town.  The Town Planner shall notify the Town attorney, in writing, of the name of any person subject to the penalty, and the Town Attorney shall, with the assistance of the Town Planner, take appropriate action to collect the penalty.

 

C.        The violator may show as full or partial mitigation of liability:

 

1.         That the violation giving rise to the action was caused by the willful act or neglect or abuse of another; or

 

2.         That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.

 

17.10.020        Criminal Penalties:

A.           Any person violating or failing to comply with any of the provisions of this title and who has had a judgment entered against him pursuant to section 17.10.017 or its predecessors within the past five (5) years shall be subject to criminal prosecution, and upon conviction of a subsequent violation shall be fined in a sum not exceeding five thousand dollars ($5,000.00) or be imprisoned for a term not exceeding one (1) year, or be both fined and imprisoned.  Each day of noncompliance with any of the provisions of this title shall constitute a separate offense.

           

B.            A criminal penalty, not to exceed five thousand dollars ($5,000.00) per occurrence, may be imposed:

 

1.         For violations of subsection 17.10.002 D.

 

2.         For any other violation of this title for which corrective action is not possible.

 

3.         For any willful, intentional or bad faith failure or refusal to comply with the standards or requirements of this title.

 

17.10.022        Additional Relief:

The Town Council may seek legal or equitable relief to enjoin any acts or practices and restore or abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance.