In the case of any violation or threatened violation
of any provisions hereof, or the terms and conditions imposed by any
permit, approval, variance or order issued pursuant to the provisions
hereof, in addition to other penalties and remedies herein provided,
the Town may institute any appropriate action or proceedings against
the owner of the premises and/or any other responsible person to prevent
such unlawful erection, structural alteration, reconstruction, occupancy,
moving and/or use, to restrain, correct or abate such violation, to
prevent or restrain the occupancy of such building, structure or land,
to compel compliance with the provisions hereof and any permit, approval,
variance, order or directive issued pursuant to it, and to prevent,
restrain, correct or abate any illegal act, conduct, business or use
in or about such premises. The alternative or additional remedy specified
herein may be taken in addition to a proceeding for criminal sanctions
or civil penalties. The Town Board may negotiate appropriate remediation
and restoration measures by entering into an enforceable settlement
agreement or consent order with any violator and/or owner, which may
include payment by the violator and/or owner of a monetary penalty
which may include exemplary or punative damages, plus recovery of
actual costs incurred by the Town in connection with the enforcement
proceeding, including actual attorneys' fees, disbursements and, in
appropriate cases, reimbursements for the actual costs to be incurred
in rectifying any circumstance or condition necessary to restore the
premises into compliance, all and any of which may, if not voluntarily
paid by the violator and/or owner, constitute the basis of a lien
charge attachable to the premises as a special assessment or charge
assessable and collectable on the tax bill associated with the subject
premises.
Processing and review of any application pursuant
to the provisions hereof may be suspended and the application deemed
incomplete with written notice to the applicant if a stop work order
has been issued by the Zoning Administrator or agent, other written
notice of an alleged violation has been delivered to the property
owner or applicant, or a criminal or civil criminal action commenced
against the property owner, applicant or other responsible person
for alleged violations of law related to the activity for which the
permit is sought or for alleged violation of the provisions hereof
related to the site. Such suspension of application processing may
remain in effect pending final resolution of any enforcement action
by an order of court or by a negotiated settlement of the pending
violations between the responsible parties and the Town Board. In
any appropriate case, the Zoning Administrator or agent, Planning
Board or Zoning Board of Appeals, in their respective roles as reviewing
authorities, may suspend review of an application.
Any permit, variance or approval granted under
the provisions hereof which is based upon or is granted in reliance
upon any material misrepresentation, or failure to make a material
fact or circumstance known, by or on behalf of an applicant, shall
be void. This section shall not be construed to diminish the penalties
and remedies available to the Town under any enforcement provisions
hereof.