Nothing in this chapter shall amount to a guaranty or warranty that any particular type of construction or method of construction will be free from defects or will perform in a particular manner. Neither the issuance of any permit, certificate, license or approval under this chapter nor the inspection and approval of any work under this chapter shall constitute any guaranty or warranty whatsoever of the safety, durability or fitness for a particular purpose of any material, labor or construction whatsoever in kind or nature.
[Amended 3-26-1991 by L.L. No. 2-1991; 3-14-2000 by L.L. No. 4-2000]
The occupant and the owner of any premises or building upon or in which any violation of this chapter is found, the owner of any object or material placed or remaining anywhere in violation of this chapter or the owner of any structure illegally made or erected shall be deemed, prima facie, responsible and liable for the violation so evidenced and subject to the penalty and or sanction provided herein.
If any provision of this chapter shall be in actual conflict with any other law, then the more restrictive law shall govern.
A.
A person who violates any of the provisions of or who fails to comply with any condition imposed by this chapter shall have committed a violation punishable by a fine not exceeding $2,500 or imprisonment for not more than 60 days, or both, for a conviction of the first offense and punishable by a fine of $5,000 or imprisonment for not more than 90 days, or both, for conviction of a second or subsequent offense. A separate offense shall be deemed committed upon each day during or on which a violation occurs or continues.
B.
The Town Attorney is authorized and directed to institute any and all actions and proceedings necessary to enforce this chapter. The Town Attorney is also authorized to seek damages and any civil penalties in any civil action, and such penalties shall be in addition to and not in lieu of any criminal prosecution and penalty.
(1)
In the event of any actual or pending violation of this chapter, the Town Attorney may, in addition to other remedies, institute any appropriate action or proceedings to prevent, restrain, correct or abate such violation.
(2)
In addition to other remedies provided by law, any appropriate action or proceeding, whether by legal process or otherwise, may be instituted or taken to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.
(3)
In addition to any fine or penalty imposed, the defendant shall pay all costs and expenses incurred by the Town in determining such violation.