Whenever a violation of this chapter occurs
or is alleged to have occurred, any person may file a written complaint.
The complaint shall state fully the causes and basis of such complaint
and shall be filed with the Zoning Administrator. The Zoning Administrator
shall properly record the complaint, immediately investigate and take
such action as provided for in this chapter. The Town Attorney shall
be immediately advised of all violations of this chapter.
A.
Violations of the provisions of this chapter or failure
to comply with any of its requirements (including violations of conditions
and safeguards established in connection with grants of variances
or conditional uses) following official notification shall be misdemeanors
punishable by a fine of not less than $10 nor more than $1,000.
[Amended 11-11-1996]
B.
The owner or tenant of any building, structure or
premises and any architect, builder, contractor, agent or other person
who commits, participates in, assists in or maintains such violation
may be punished as heretofore provided.
A.
Upon finding that any provision of this chapter is
being violated, the Zoning Administrator shall notify, in writing,
the person responsible for such violation and order the remedy of
conditions found to be in violation, including the discontinuance
of illegal uses of land and buildings, the removal or bringing into
compliance of illegal buildings, structures, additions and alterations
and the discontinuance of illegal work being done.
B.
Any written notice of a zoning violation or written
order of the Zoning Administrator shall include a statement informing
the recipient that he or she may have a right to appeal such notice
or order to the Board of Zoning Appeals within 30 days and that the
decision of the Zoning Administrator shall be final and unappealable
if not appealed within 30 days. The appeal period shall not commence
until such statement is given.
C.
Should such notice and order fail to result in compliance
with this chapter, the Zoning Administrator shall have the authority
to bring legal action to ensure compliance with the appropriate action
or proceeding. The Zoning Administrator shall have the authority to
initiate criminal or civil proceedings as provided for by the laws
of the commonwealth. The Town shall have the right to contract the
work to be completed to comply with the Town’s Code, the cost
of which shall be chargeable to and paid by the owner of said property.
Every charge authorized by this article with which the owner of any
such property shall have been assessed and which remains unpaid shall
constitute a lien against such property, and the Treasurer shall file
with the Clerk of the County Circuit Court a statement of the lien
claim. Release of such lien shall be executed by the Treasurer upon
presentation of evidence that the amount of the lien and cost involved
have been paid to the Town.
[Amended 3-25-2013]
D.
In case any building or other structure is proposed
to be erected, constructed, reconstructed, altered, extended or converted
or any building, other structure or land is or is proposed to be used
in violation of this chapter, the Zoning Administrator or other appropriate
authority of the town or neighboring property owner who would be especially
damaged by such violation may, in addition to other remedies, institute
an injunction, mandamus or other appropriate action or proceeding
to prevent, correct or abate such violation or to prevent the occupancy
of such building, structure or land.
The Zoning Administrator shall provide to the
Town Attorney a copy of every written notice and order involving a
violation of this chapter. The Town Attorney shall advise and assist
the Zoning Administrator in his or her efforts to obtain abatement
of such violation.
[Amended 11-11-1996]
The following procedure shall be used to remedy
violation of this chapter:
A.
The Zoning Administrator detects a violation and orders
the remedying of the violation, in writing.
B.
If the violator fails to correct the violation, the
Zoning Administrator shall inform the Town Attorney to take appropriate
action.
C.
The Town Attorney initiates court action after notification
from the Zoning Administrator that the violation has not been corrected.
