Notices of violation shall be issued in accordance with the
Town's procedures for Building Code violations.
Any person who shall violate or fail to conform to any of the
provisions of this chapter shall be subject to penalties under this
section of not less than $50 nor more than $500 per violation for
each day of violation (the amount per violation to be determined by
the floodplain administrator), as well as the Town of Millsboro's
costs and expenses, including reasonable attorneys' fees, incurred
to enforce the provisions of this chapter and/or to collect the penalties
imposed hereunder. Penalties assessed for a violation of this chapter
shall be considered civil penalties, and any action brought for the
recovery of the penalties by the Town of Millsboro shall be brought
in any civil court of competent jurisdiction. The Town of Millsboro
may also institute appropriate proceedings to restrain or enjoin further
construction or other action 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 of Millsboro shall be entitled to collect
from the offending party or parties the Town's reasonable attorneys'
fees, legal costs and expenses, expert witness fees, administrative
expenses, and court costs as a part of any judgment or award in a
civil action brought to restrain or enjoin a violation. Any structure
constructed, reconstructed, enlarged, altered or relocated in noncompliance
with this chapter may also be declared by the Town of Millsboro to
be a public nuisance and abatable as such.