It shall be the duty of the Director
of Planning to enforce the provisions of this chapter and to refuse
to issue any permit for any building or for the use of any premises
which would violate any of the provisions of this chapter. It shall
also be the duty of all officers and employees of the Town to assist
the enforcing officer by reporting to him or her any seeming violation
in new construction, reconstruction, or land use.
In case any building is erected,
constructed, reconstructed, altered, repaired, demolished, or converted
or any building or land used in violation of this chapter, the Director
of Planning is authorized and directed to institute any appropriate
action to put an end to such violation.
A.
It shall be considered a municipal infraction
for any person or corporation to violate any provision of this chapter,
or to erect, construct, alter or repair, convert, or maintain any
building or structure, sign, or land in violation of any written statement
or plan submitted and approved hereunder.
B.
It shall be considered a municipal infraction
for any owner, tenant, or occupant of a building, structure, sign
or land, or part thereof, which is in violation of this chapter, or
any architect, builder, contractor, subcontractor, agent, servant,
person or corporation, knowingly to assist or further the commission
of any violation of this chapter. There shall be a rebuttable presumption
that the defendant was violating this chapter knowingly.
C.
In the event that any person is found to have committed a municipal infraction hereunder, notice shall be given in the same manner as for property maintenance violations that incorporate requirements stated in Chapter 94 of the Town Code.
D.
In the event that any person is found to
have committed a municipal infraction hereunder, each infraction shall
be punishable by a fine of up to the maximum municipal infraction
fine permitted by state law for each single violation. Each day such
violation continues shall be a separate offense. In addition to said
fine, the Town may request during the adjudication of the infraction
that the defendant abate the violation or, in the alternative, to
permit the Town to abate the violation at the defendant's expense,
with the costs to be assessed against the property as a lien collectible
in the same manner as real estate taxes. Nothing herein shall prevent
the Town from taking such other lawful action as is necessary to prevent
or remedy any violation.
Should there be a violation of any provisions of § 128-135, the Town shall provide immediate notice of the violation to the lessee and/or the owner of the property on which the banner is located and shall require said persons to correct the violation within 24 hours of notice of the violation, which may include removal of the banner. In the event that this violation continues after the twenty-four-hour period referenced herein, the violation shall be a municipal infraction, and this chapter enforced in accordance with Chapter 20, Infractions; General Penalty, of the Code of the Town of Denton.
