Any person aggrieved by the action of any official charged with
the enforcement of this chapter, as the result of the disapproval
of a properly filed application for a permit, issuance of a written
notice of violation, or an alleged failure to properly enforce this
chapter in regard to a specific application, shall have the right
to appeal the action to the Town of Denton Board of Appeals. The appeal
shall be filed, in writing, within 30 days of the date of official
transmittal of the final decision or determination to the applicant,
shall state clearly the grounds on which the appeal is based, and
shall be processed in the manner prescribed for hearing administrative
appeals. For the purposes of this chapter, the Board of Appeals shall
be the Board of Appeals established in the Town of Denton Zoning Ordinance.
All provisions governing the Board of Appeals with respect to members,
provisions for alternates, quorum, procedure, chairperson, terms of
office, etc., shall be applicable to appeals from this chapter.
If any portion of this chapter is held invalid or unconstitutional
by a court of competent jurisdiction, such portion shall not affect
the validity of the remaining portions of this chapter. It is the
intent of the Denton Town Council that this chapter shall stand, even
if a section, subsection, sentence, clause, phrase, or portion may
be found invalid.
Any person convicted of violating the provisions of this chapter
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not more than $5,000 or imprisonment not exceeding
one year, or both, for each violation, with costs imposed in the discretion
of the court and not to exceed $50,000. Each day that a violation
continues shall be a separate offense. In addition, the Town Council
of Denton may institute injunctive, mandamus, or other appropriate
action or proceedings of law to correct violations of this chapter.
Any court of competent jurisdiction shall have the right to issue
temporary or permanent restraining orders, injunctions or mandamus,
or other appropriate forms of relief.