The following actions shall be violations of this chapter.
A.
Failure to secure a building permit, certificate of zoning compliance,
temporary use permit, sign permit, or approval from the Board of Adjustment,
when required, previous to the erection, construction, extension,
or demolition of, or addition to, a building.
B.
Failure to secure a certificate of occupancy or certificate of compliance.
C.
Violation of any provision of this chapter.
Any person or entity who commits, takes part or assists in any
violation or who maintains any buildings or premises in which a violation
exists, including, but not limited to, the following:
A.
The owner, general agent or contractor of a building or premises
where such violation has been committed or shall exist;
B.
The lessee or tenant of an entire building or entire premises where
such violation has been committed or shall exist; and
C.
The owner, general agent, contractor, lessee or tenant of any part
of a building or premises in which such violation has been committed
or shall exist.
A.
Whenever the Administrative Official or designee determines that
activity on any premises is being done in violation of this chapter,
the Administrative Official may issue a violation notice, or a cease
and desist order that shall:
(1)
Be in writing;
(2)
Contain the address of the property or a description of the
property sufficient for identification;
(3)
State that the activity done in violation of this chapter be
immediately stopped;
(4)
Include a clear statement of the reason or reasons why the order
is being issued;
(5)
State the conditions under which the activity will be permitted
to resume;
(6)
Be given to the owner, or the person or entity responsible for
the property; and
(7)
Be physically posted upon the property.
B.
Effect of issuance.
(1)
Upon issuance of a violation or cease and desist order, all
activity done in violation of this chapter shall immediately cease.
(2)
Any person who shall continue any activity in violation of this
chapter after having been served with a violation notice or a cease
and desist order, except such work as that person or entity has been
directed to perform in the violation notice or that is required to
remove a violation of an unsafe condition under other provisions of
this Code, shall be considered to be in violation of this chapter
and the Administrative Official may institute a penalty for the maximum
amount permitted.
Any person or entity found in violation of this chapter, or
that violates the conditions of a violation notice or a cease and
desist order issued by the Administrative Official, shall be subject
to a penalty by the Administrative Official of up to $500 per day.
The Town Solicitor or counsel hired by the Town may apply to
the Court of Chancery for injunctive relief against any person or
entity to prevent, abate, or enjoin any continuing violation of the
provisions of this chapter. If the Town obtains a temporary restraining
order, or preliminary or permanent injunctive relief, the violator
shall be responsible for any costs or expenses incurred (including
attorneys' fees incurred by the Town or the Administrative Official)
in preventing, abating, or enjoining any violations.
The Administrative Official may refuse to grant any further
reviews of applications, building permits, inspections, or certificates
of occupancy to the violator, to any corporation, partnership, joint
venture, or other legal entity with which the violator has a controlling
interest, or to any business entity formed by the violator in an attempt
to circumvent the effect of this penalty. The Administrative Official
is authorized to withhold additional reviews and permits only until
the permit, license, or certificate holder remedies outstanding violations
outlined in the violation notice or cease and desist order is rectified
and the applicable fines and associated financial obligations to the
Town are paid.
If the violator fails to reimburse the Town for any fines, costs
or attorneys' fees imposed for any violation of this chapter, the
Town may initiate any of the following actions:
A.
Place a lien against the property against which the cease and desist
order was issued or upon which enforcement was sought.
B.
Institute a civil action for the recovery of such fines and charges,
together and with any penalty and/or interest, against the person
or entity responsible for the violation. The Town shall be awarded
reasonable attorney fees and costs in any civil action to collect
fines, fees and/or costs incurred by the Town.
Any penalty, violation notice, or cease and desist order issued by the Administrative Official may be appealed to the Board of Adjustment pursuant to § 140-106 of this chapter.
Whenever the Administrative Official shall have notified a person
by service of a warrant in a prosecution or in any other way that
he/she is committing such violation of this chapter, each day that
such violation continues shall be deemed a separate offense punishable
by like fine or penalty.
Any building or portion thereof or part of a foundation wall
hereafter erected or placed upon any lot or premises within the Town
in violation of the provisions of this chapter is hereby declared
to be a common and public nuisance and may be abated in the same manner
provided by the Charter of the Town of Ocean View for the abatement
of any other nuisance in addition to the provisions of this chapter.
In addition to any other remedy provided by law, an appropriate
action or proceeding, whether by legal process or otherwise, may be
instituted to accomplish any of the following:
A.
Prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use;
B.
Restrain, correct, abate such violation;
C.
Prevent the occupancy of such building, structure or land; and
D.
Prevent any illegal act, conduct, business or use in and about such
premises.
