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Town of Fenwick Island, DE
Sussex County
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No structure or land development shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged or altered without full compliance with these regulations and all other applicable regulations which apply to uses within the jurisdiction of these regulations.
Failure to obtain a permit shall be a violation of these regulations and shall be punishable in accordance with § 88-34.
Permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the specific activities set forth in such approved plans and applications or amendments thereto. Use, arrangement, or construction of such specific activities that is contrary to that authorized shall be deemed a violation of these regulations.
A violation of the provisions of this chapter, or the failure to comply with any of its requirements, shall be punishable by a fine in the amount of $200 for each offense, plus court costs and reasonable attorneys' fees for the collection thereof. Whenever a person shall have been notified in writing, by certified mail, return receipt requested, by the Building Official or other town official or by service of a summons of a violation of this chapter, each day of continued violation shall be considered as a separate offense. The owner or tenant of any building, structure, premises or any part thereof, and any architect, builder, contractor, employee or agent for one of the aforenamed persons, or any other person who commits, furthers, participates in, assists in or maintains any such violation may be separately convicted and be subject to the same penalties provided herein. Nothing in this section shall be construed to prevent or otherwise prohibit the prosecution of the same violation occurring on a date subsequent to the conviction. The commission, allowance or participation in any activity defined as a violation of this chapter shall be deemed and is hereby declared to be a common and public nuisance. The Town Council may institute appropriate proceedings to restrain or enjoin further construction in violation of this chapter and/or proceedings to abate any violation and to require the removal of the violation. In this event, the Town Council shall be entitled to collect from the offending party or parties the Town's reasonable attorneys' fees, legal costs and expenses and court costs, as a part of any judgment or award in a civil action brought to restrain or enjoin a violation. Civil remedies are in addition to, and not in lieu of, the penalties provided herein.