Town of Millsboro, DE Violations and Penalties

[Amended 5-3-1999]

Any person, firm or corporation, including but not limited to the owner, general agent, contractor, lessee, tenant or occupant, who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Zoning Officer or the Board of Adjustment of the Town of Millsboro and who refuses to abate said violation within five days after written notice has been served upon either or any of them by certified mail, return receipt requested, or by personal service, shall, for each and every violation, be subject to a fine or penalty not less than $50 nor more than $100 or imprisoned for not more than 30 days, or both, for each and every offense and shall pay the cost of prosecution, including the Town's reasonable attorney's fees. For the purposes of this chapter, whenever such person shall have been notified by the Zoning Officer or by service of a warrant in a prosecution or in any other way that he 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 of Millsboro 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 Millsboro for the abatement of other nuisance in addition to the provisions of this chapter.

[Added 5-3-1999]

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building or structure or parcel of land improved or unimproved is used in violation of or contrary to the provisions of this chapter, the Town may institute an action to enjoin, or any other appropriate action or proceeding, to prevent such erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.