A.
Any person or other legal entity who fails to comply
with or who violates this chapter or who shall refuse a reasonable
request to inspect any premises or who shall have aided or abetted
the commission of any such violation shall each be guilty of a separate
offense and, upon conviction thereof, shall be punishable as follows:
(1)
For a first offense, by a fine not exceeding $350
or imprisonment for a period not to exceed six months, or both;
(2)
For a second offense, both of which were committed
within a period of five years, by a fine not less than $350 nor more
than $700 or imprisonment for a period not to exceed six months, or
both;
(3)
For a third or subsequent offense, all of which occurred
within a period of five years, by a fine not less than $700 nor more
than $1,000 or imprisonment for a period not to exceed six months,
or both; or
(4)
By a penalty of $50 to be recovered by the Town in
a civil action.
B.
However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and, for such purpose only, all provisions
of law relating to misdemeanors shall apply to such violations. Each
week's continued violation after notice shall constitute a separate
additional violation.
In case of any violation or threatened violation
of any of the provisions of this chapter or conditions imposed by
a land use or development permit, in addition to other remedies herein
provided, the Town may institute any appropriate action or proceedings
to prevent such unlawful erection, structural alteration, reconstruction,
moving and/or use; to restrain, correct or abate such violation; to
prevent the occupancy of such building, structure or land; or to prevent
any illegal act, conduct, business or use in or about such premises.
[Added 11-10-1998]
A.
The Town Board for the Town of Hague herein grants the Zoning Administrator the administrative responsibility of immediately terminating any violation or threatened violation referred to in § 160-89 by posting a stop-work order on the premises wherein the violation has occurred or may occur.
B.
The stop-work order shall serve notice to the owner,
builder, developer or any agent thereof and/or any other person on
the premises or responsible for activity on the premises that all
actions or activities specified in the stop-work order are to be terminated
immediately or cannot be undertaken without applicable approvals and
permits.
C.
Relief from the stop-work order can be realized as
follows:
(1)
If the conditions specified by the Zoning Administrator
are met, the Zoning Administrator may authorize termination of the
stop-work order.
(2)
If a variance is granted by the Zoning Board of Appeals,
after proper application, review and public hearing, permitting the
violations specified in the stop-work order to continue henceforth
as allowable, said variance shall also specify the conditions for
the termination of the stop-work order.
(3)
If the Zoning Board of Appeals issues an interpretation
of this chapter which reverses or modifies the order of the Zoning
Administrator such that the interpretation determines that no violation
actually occurred or will occur, the Zoning Administrator shall terminate
the stop-work order immediately or as directed by the Board.
D.
Termination of a stop-work order shall not preclude
the Town from seeking and obtaining penalties for the duration of
the violation.
[Amended 11-10-1998]
Any permit or approval granted under this chapter which is based upon or is granted in reliance upon any material misrepresentation or failure to make a material fact or circumstance known, by or on behalf of an applicant, shall be void. This section shall not be construed to affect the remedies available to the Town under §§ 160-88, 160-89 and 160-90 of this chapter.
